Deva Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50059 of 2026 Arising Out of PS. Case No.-282 Year-2026 Thana- Excise P.S. District- Rohtas ====================================================== 1.

Deva Kumar Son of Arun Paswan Resident of Village- Tilauthu, Ward No. 13, P.S.- Tilauthu, District- Rohtas 2.

Shamsher Khan Son of Anwar Sah Resident of Village- Tilauthu, Ward No. 13, P.S.- Tilauthu, District- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Kant, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE GIRIJISH KUMAR ORAL ORDER 22-07-2026 Heard learned counsel appearing on behalf of the petitioners and learned A.P.P. appearing for the State.

2. Petitioners are in custody in connection with Sasaram Excise P.S. Case No-282/2026 read with Excise Case No. 1302/2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per the allegation in the FIR, total 50 litres country-made liquor was recovered from the plastic sack which was kept on the motorcycle.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that nothing has been recovered from

Patna High Court CR. MISC. No.50059 of 2026(2) dt.22-07-2026 2/2 the conscious possession of the petitioners. He further submits that the name of the petitioners has been dragged in this case because of the local politics. He further submits that the petitioners have no concern with the recovered liquor. He next submits that the petitioners are in custody since 28.05.2026 and petitioner no. 1 has got three criminal antecedents as per paragraph 3 of the bail petition, in which he is on bail and petitioner no. 2 has clean antecedent.

5. Learned APP appearing on behalf of the State vehemently opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and also submission of learned counsel for the petitioners, let the above named petitioners be released on bail, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise Court No.1, Rohtas at Sasaram in connection with Sasaram Excise P.S. Case No282/2026 read with Excise Case No. 1302/2026. (Girijish Kumar, J) dhaneshwar/- U T