Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85838 of 2025 Arising Out of PS. Case No.-468 Year-2025 Thana- PALIGANJ District- Patna ====================================================== Deepak Kumar S/o Vishwanath Verma Resident of - Siyarampur, Ward No. 14, P.S - Paliganj, District - Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Special Excise Case No. 2024 of 2025, arising out of Paliganj PS Case No. 468 of 2025 instituted for the offences under Section/s 30(a) 30(a) of the Bihar Prohibition and Excise Act and Sections 25(1B)a & 26 of the Arms Act. 3.

The prosecution case, in short, is that 6.750 liters liquor, one country made pistol, one magazine with five live cartridge from the house of the petitioner.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.85838 of 2025(3) dt.31-01-2026 2/3 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor and arms. It is submitted that recovery is made from the joint house of the petitioner, where other family members also reside. The petitioner is in custody since 23.09.2025 and has got one criminal antecedent/s. There is no compliance of Section 103 of the BNSS, 2023.

5.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Special Excise Case No. 2024 of 2025, arising out of Paliganj PS Case No. 468 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.85838 of 2025(3) dt.31-01-2026 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T