Devvrat Kumar @ Devrat Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71837 of 2025 Arising Out of PS. Case No.-308 Year-2025 Thana- RIGA District- Sitamarhi ====================================================== Devvrat Kumar @ Devrat Kumar S/O Yogendra Sah R/O Village- Riga, Ward No. 2, P.S- Riga, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dwij Raj, Advocate For the Opposite Party/s :
Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 15-10-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Riga P.S. Case No. 308 of 2025 dated 12.08.2025, instituted for the offence punishable under Section 30(a) of the Bihar Prohibition & Excise Act, 2022.
3. The allegation is of recovery of 34.8 litres Nepali liquor from the bush situated near Riga railway station.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner has been made accused in this case only on the basis of confessional statement of co-accused namely, Mukesh Kumar. It is next submitted that nothing has been recovered either from the conscious possession
Patna High Court CR. MISC. No.71837 of 2025(2) dt.15-10-2025 2/3 or from the house of the petitioner. Lastly, it has been submitted that petitioner has two criminal cases against him of similar nature.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Riga P.S. Case No. 308 of 2025, he shall be released on anticipatory 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, Court no. I, Sitamarhi, subject to condition as laid down under Section 482(2) of the B.N.S.S as also to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will
Patna High Court CR. MISC. No.71837 of 2025(2) dt.15-10-2025 3/3 inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
5. The petitioner within two weeks of his release from custody shall appear before the S.H.O. of his local area alongwith a copy of this order and shall appear every fortnightly to mark his attendance till the framing of charge in this case. (Khatim Reza, J) sankalp/- U T