Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48067 of 2025 Arising Out of PS. Case No.-793 Year-2025 Thana- AHIYAPUR District- Muzaffarpur ====================================================== Deepak Kumar Son of Gyani Ray Resident of Village- Ahiyapur, P/SAhiyapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Advocate For the Opposite Party/s :

Mr. Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-07-2025 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Nitya Nand Tiwary, learned APP for the State.

2.

The petitioner seeks bail in connection with Ahiyapur PS Case No. 793 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3.

The prosecution case, in short, is that total 333 litres of foreign liquor was recovered from Bathan of coaccused and there is also recovery of two Motorcycles, one Scooty and one Tempo.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.48067 of 2025(2) dt.24-07-2025 2/3 the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. It is submitted that recovery is made from the place of co-accused and not from the petitioner. It is further submitted that seized vehicles do not belong to the petitioner, he is only the passerby of the way. The petitioner is in custody since 10.06.2025 and has got four criminal antecedents in which he is on bail. There is no compliance of Section 103 of B.N.S.S.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner 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 Court below/concerned Court in connection with Ahiyapur PS Case No. 793 of 2025, subject to the following

Patna High Court CR. MISC. No.48067 of 2025(2) dt.24-07-2025 3/3 conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Ranjan/- U T