Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62375 of 2025 Arising Out of PS. Case No.-363 Year-2025 Thana- SUPAUL District- Supaul ====================================================== Deepak Kumar S/O Parmeshwari Sutihar R/O Village- Panchgachhia, P.S.- Kishanpur, District- Supaul ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md. Shadab Alam Wazdi, Adv.
For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 23-09-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Excise S.T. Case No. 672 of 2025 arising out of Supaul P.S. Case No. 363 of 2025, registered for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, police received secret information about two persons transporting illicit liquor in two jute bags keeping it on their motorcycle. The said motorcycle was signalled to stop but the driver and his pillion tried to run away but the pillion, the petitioner in the present case, was apprehended. In the jute bags left behind on the motorcycle,, 245 litre of country made chulai liquor was recovered.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.62375 of 2025(2) dt.23-09-2025 2/3 petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel for the petitioner submits that the petitioner has been arrested merely on suspicion and he has no concern with either the seized liquor or the seized motorcycle as he is neither the owner nor driver of the said motorcycle. Learned counsel further submits that the mandatory provisions of the search and seizure have not been complied with. The petitioner is having no criminal antecedents and he is in custody since 13.07.2025.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that petitioner is not stated to be either the owner or the driver of the motorcycle on which the contraband was loaded and further considering his period of custody and clean antecedent, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-I, Supaul /concerned court, in connection with Excise S.T. Case No. 672 of 2025 arising out of Supaul P.S. Case No. 363 of 2025, subject
Patna High Court CR. MISC. No.62375 of 2025(2) dt.23-09-2025 3/3 to the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) Anuradha/- U T