Deepak Kumar Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50885 of 2025 Arising Out of PS. Case No.-314 Year-2025 Thana- BEUR District- Patna ====================================================== Deepak Kumar Ray S/O Ram Pravesh Ray R/O Makhdumpur Shiwaji Nagar Balupar Bagicha, P.S- Digha, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Jiban Pd Singh, Advocate For the Opposite Party/s :

Mr.Akbar Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Special Case No. 895 of 2025 arising out of Beur P.S. case No. 314 of 2025 instituted for the offences under Sections 317(5), 338, 336(3), 340(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 609.430 liters liquor was recovered from Hyundai Car.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner

Patna High Court CR. MISC. No.50885 of 2025(2) dt.04-08-2025 2/2 has got no concern with the alleged recovery of liquor. The petitioner was not arrested on spot rather his name has transpired on the basis of disclosure made by apprehended coaccused. The petitioner is neither owner nor driver of the vehicle in question. The petitioner is in custody since 24.06.2025 and has got one criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023. Co-accused has been granted bail by this Bench vide order dated 28.07.2025 passed in Cr. Misc. No. 48296 of 2025.

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 Special Case No. 895 of 2025, arising out of Beur P.S. case No. 314 of 2025. (Rudra Prakash Mishra, J) Pankaj/- U T