Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71802 of 2025 Arising Out of PS. Case No.-372 Year-2025 Thana- BIHARIGANJ District- Madhepura ====================================================== Deepak Kumar S/O Sri Tekan Mehta @ Tek Narayan Mehta Resident of Village- Laxmipur ward No. 11, P.S- Bihariganj, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Bihariganj P.S. Case No. 372 of 2025 registered for the alleged offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2016.

03. As per prosecution case, from a pick-up van, recovery of 507.93 liters of India made foreign liquor/beer was made when the said van was stopped during checking of vehicles on receipt of information about transportation of foreign liquor. The petitioner and co-accused person were apprehended while sitting in the said van.

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

Patna High Court CR. MISC. No.71802 of 2025(2) dt.09-10-2025 2/3 case. The petitioner is neither the driver and nor the owner of the vehicle and he has taken lift in the said vehicle and was apprehended merely on suspicion. The petitioner is having criminal antecedent of three cases of different nature. The petitioner is in custody since 18.08.2025. Charge-sheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the period of custody of the petitioner along with submission of charge-sheet, the petitioner above named is directed to 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 learned Exclusive Special Excise Court No.II, Madhepura/concerned court in connection with Bihariganj P.S. Case No. 372 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the 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.

Patna High Court CR. MISC. No.71802 of 2025(2) dt.09-10-2025 3/3 (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) Ashish/- U T