Dipak Kumar @ Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66630 of 2025 Arising Out of PS. Case No.-51 Year-2024 Thana- DUMARIAGHAT District- East Champaran ====================================================== Dipak Kumar @ Deepak Kumar, Son of Virendra Thakur @ Birendra Thakur, Resident of Village- Thersan, P.S.- Riga, Dist.- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Kanhiya Kishor, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 07-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Dumariya Ghat P.S. Case No. 51 of 2024, instituted under Section 30(a) of the Bihar Prohibition and Excise Act.

3. As per prosecution case, total 91.995 litres illicit Indian Made Foreign Liquor recovered from the Toyota Car bearing Registration No. BR01BH9506 of the petitioner which was being driven by co-accused Akash Kumar who was apprehended along with two other co-accused persons on the spot.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case being the owner of the seized car. Petitioner was not

Patna High Court CR. MISC. No.66630 of 2025(2) dt.07-10-2025 2/2 present on the spot. No incriminating material has been recovered from his possession. He has no concern with the seized liquor. It is further submitted that petitioner had given the car bonafide to co-accused Akash Kumar. Petitioner had no knowledge about the misuse of the his car. Petitioner has no criminal antecedent. He undertakes to co- operate in the investigation and trial.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, 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 learned Exclusive Special Excise Court No.3, East Champaran, Motihari, in connection with Dumariyaghat P.S. Case No. 51 of 2024, subject to the conditions laid down in Section 482 (2) of the Bhartiya Nagrik Suraksha Sanhita (B.N.S.S.), 2023. (Sunil Dutta Mishra, J) khushbu/- U T