IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11639 of 2026 Arising Out of PS. Case No.-20 Year-2026 Thana- ALAMGANJ District- Patna ======================================================

Deepak Kumar @ Dipu Kumar, S/o Shyam Babu Choudhary @ Sambhu Choudhary @ Shyam Babu Chaudhary R/o Neem Ki Bhatti, Near Viskarma Mandir, P.S.- Alamganj, Distt.- Patna ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr.Ravi Ranjan, Advocate For the Opposite Party/s : Ms.Sharda Kumari, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER

2 17-02-2026 Heard learned counsel for the parties.

2. The petitioner is in custody in connection with Alamganj PS Case No. 20 of 2026 dated 08.01.2026 registered under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The learned counsel for the petitioner submits that

42 litres of country made liquor was seized from a jute sack found in the bushes. The petitioner who was passing through the area was apprehended by the police and was taken into custody. No recovery has been made from conscious possession of the petitioner and the recovery has been made from an open place, which is accessible to general public. The petitioner has got no concern with the seized liquor and the seizure list has been prepared in complete violation of the provisions contained in Section 103 of the B.N.S.S., since no independent witnesses have signed on the seizure list. The learned counsel for the petitioner further submits that petitioner has got two criminal antecedent of the similar nature and he is in custody since

09.01.2026.

4. The learned Additional Public Prosecutor for the State vehemently opposes the prayer for bail of the petitioner and submits that petitioner is accused in two cases of similar nature.

5. Considering the aforesaid facts, let the petitioner above-named, 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 Court of Excise, Patna City, Patna in connection with Alamganj P.S. Case No. 20 of 2026, subject to the condition as laid down under Section 437(3) of the Code of Criminal Procedure/480(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with condition that:-

(i) one of the bailors shall be family member/close relative of the petitioner.

(ii) the petitioner will cooperate in the trial.

The trial court shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take steps for cancellation of bail bonds of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Ritesh Kumar, J)

vinita/-

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