Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44621 of 2026 Arising Out of PS. Case No.-36 Year-2025 Thana- ALAMGANJ District- Patna ====================================================== Deepak Kumar, S/o Manauri Sharma @ Mnauri Sharma, Resident of Village - Sanichara More, Mahendru, Dargah Road, Police Station - Alamganj, District - Patna ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Md. Shahbaz Yusuf, Advocate For the Opposite Party/s :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner is not named in the FIR and apprehending his arrest in connection with Alamganj P.S. Case No.36 of 2025 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 1.44 liters of IMFL/country-made liquor from graveyard.

4. It is submitted by learned counsel appearing for petitioner that the recovery of alleged illicit liquor was not made from conscious physical possession of this petitioner

Patna High Court CR. MISC. No.44621 of 2026(2) dt.06-07-2026 2/3 rather same was recovered near the graveyard, which is an open place and accessible to general public. It is submitted that the name of petitioner transpired in this case, being the owner of the seized mobile phone. It is submitted that as the mobile phone of petitioner has lost, which was recovered during raid. It is submitted that seizure list was not supported by the independent witnesses rather by the police personnel. The petitioner claimed clean antecedent.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner, above-named, who is a man of clean antecedent, in the event of his arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Court of Excise, Patna City in

Patna High Court CR. MISC. No.44621 of 2026(2) dt.06-07-2026 3/3 connection with Alamganj P.S. Case No.36 of 2025, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J.) Sanjeet/- U T