Patna High CourtCR. MISC./61677/2025bail granted

Durgesh Kumar v. The State Of Bihar

2025-09-22Mr. Justice Sandeep Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61677 of 2025 Arising Out of PS. Case No.-323 Year-2025 Thana- EXCISE MASAUDHI District- Patna ====================================================== Durgesh Kumar S/O Late Virendra Yadav R/O Govindpur, P.S.- Phulwari Sharif, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishal Prasad For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise Masaurhi P.S. Case No. 323 of 2025 registered for the offence under Section 30(a), 32(3) of the Bihar Prohibition and Excise(Amendment) Act, 2022.

3. The recovery is of 283 liters of illicit liquor.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he is in custody since 15.07.2025 and he claims to have clean antecedent.

5. Learned counsel for the petitioner submits that the petitioner is ready to donate Rs. 25,000/- in some charitable organization without accepting his guilt.

Patna High Court CR. MISC. No.61677 of 2025(2) dt.22-09-2025 2/3

6. Learned APP appearing for the State opposes the prayer for bail of the petitioner.

7. Considering the facts and circumstances of the case and submissions of learned counsel for the petitioner, let the petitioner, above named, be released on bail upon 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-2, Patna/concerned Court below in connection with Excise Masaurhi P.S. Case No. 323 of 2025.

8. This is also subject to the condition that the petitioner shall deposit an amount of Rs. 25,000/- in Ramakrishna Mission Ashram, Nala Road, Patna and produce the receipt of the same before the Court below. The bail bonds of the petitioner shall be accepted after verifying the genuineness of the receipt produced by the petitioner.

9. As a condition of this order, the petitioner after being released on bail is directed to mark his attendance at Phulwarisharif Police Station on every Sunday of each month. Any default in appearance at the police station will result in cancellation of bail bonds of the petitioner.

10. As the petitioner claims to have clean antecedent, the Court below, before accepting the bail bonds of

Patna High Court CR. MISC. No.61677 of 2025(2) dt.22-09-2025 3/3 the petitioner is directed to verify the antecedent of the petitioner. If the petitioner is found to be involved in any other case then the bail bonds of the petitioner shall not be accepted. (Sandeep Kumar, J) Vikas/- U