Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71856 of 2025 Arising Out of PS. Case No.-254 Year-2025 Thana- PARSA District- Saran ====================================================== 1.

Deepak Kumar Son of Mahendra Rai Resident of Village- Harpur Parsh, PsParsa, Dist- Saran at Chapra. 2.

Raja Kumar son of Ramdev Rai Resident of Village- Harpur Parsh, PsParsa, Dist- Saran at Chapra. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-10-2025 Heard learned counsel for the petitioners and learned APP for the State.

02. In the present case, the petitioners seek bail in connection with Parsa P.S. Case No. 254 of 2025 registered for the alleged offences under Sections 30(a), 37 of the Bihar Prohibition and Excise Act, 2016.

03. As per prosecution case, police received secret information about some persons transporting illicit liquor in a white coloured four wheeler. During checking of vehicles, said vehicle was intercepted and three persons started running away from the vehicle who were apprehended. The apprehended persons were found in inebriated conditions and on search of the

Patna High Court CR. MISC. No.71856 of 2025(2) dt.09-10-2025 2/3 vehicle, recovery of two liters of country made liquor was made. The petitioners are two such apprehended persons.

04. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. The petitioners were merely passersby and having no concern with the recovered illicit liquor. The petitioners are not the carriers of alcoholic substance as alleged by the prosecution. The petitioner no. 1 is having clean antecedent whereas petitioner no. 2 is having antecedent of two cases of different nature and he is on bail in both the cases. The petitioners are in custody since 23.08.2025.

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

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the recovery of small quantity of illicit liquor and further considering the period of custody of the petitioners, the petitioners above named are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-III, Saran at Chapra/court concerned in connection with Parsa P.S. Case No. 254 of 2025,

Patna High Court CR. MISC. No.71856 of 2025(2) dt.09-10-2025 3/3 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 petitioners.

(ii) The petitioners will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioners will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T