Deepak Yadav @ Deepak Kumar YadavversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26813 of 2026
                  Arising Out of PS. Case No.-190 Year-2025 Thana- GHOGHARDIHA District- Madhubani
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                 Deepak Yadav @ Deepak Kumar Yadav S/O Ramanand Yadav R/O Vill.-
                 Basuari, P.S.-Ghoghardiha, District- Madhubani

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mrs. Kumari Pallavi, Advocate
                 For the Opposite Party/s :      Mr. Bishweshwar Ram, APP
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                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-04-2026                  Heard Mrs. Kumari Pallavi, learned counsel for the

                   petitioner and Mr. Bishweshwar Ram, learned Additional Public

                   Prosecutor for the State.

                                2. Learned counsel for the petitioner is permitted to

                   make necessary correction in para. 1 of the bail petition.

                               3. Petitioner seeks bail who is in custody since

                   28.01.2026 in connection with Goghardiha P.S. Case No.

                   190/2025, F.I.R. dated 14.12.2025 for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act and

                   Sections 274, 275 read with Section 3(5) of the B.N.S.

                               4. Recovery is of 909 liters of Nepali country made

                   liquor.

                               5. Learned counsel for the petitioner submits that

                   petitioner is innocent and he has falsely been implicated in the
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          present case. He further submits that it appears from the F.I.R.

          as well as seizure list that nothing has been recovered from the

          conscious possession of the petitioner rather the recovery has

          been made from garden in question and the petitioner has been

          made accused merely on the basis of confessional statement of

          the apprehended person, namely, Shambu Ram and except the

          confession of the apprehended person, nothing has come during

          investigation to suggest the involvement of the petitioner in the

          alleged occurrence. He further submits that there is non-

          compliance of Section 100 of Cr.P.C/103 of BNSS. He further

          submits that the police after investigation submitted the charge

          sheet against the petitioner. The petitioner is in custody since

          28.01.2026.

                      6. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner carries four criminal antecedents but

          fairly submits on the basis of paragraph-3 of the bail application

          that the petitioner is on bail in two cases and rest two cases are

          pending for consideration before the competent Court of law

                       7. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned Exclusive

          Special Judge (Excise), Jhanjharpur, Madhubani in connection
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                       with Goghardiha P.S. Case No. 190/2025, subject to the

                       following conditions:-

                                     i. Petitioner shall co-operate in the trial and shall be

                        properly represented on each and every date fixed by the court

                        and shall remain physically present as directed by the court and

                        on his absence on two consecutive dates without sufficient

                        reason, his bail bond shall be cancelled by the Court below.

                                     ii. 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.

                                    iii. And further condition that the court below 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 step for

                       cancellation of bail bond 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.



                                              (Rajesh Kumar Verma, J)
atul/-

U        T