IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18408 of 2026 Arising Out of PS. Case No.-203 Year-2025 Thana- KHAJAULI District- Madhubani ====================================================== Deepanshu Kumar @ Divyanshu Kumar @ Divyanshu Kumar Paswan Son of Jitendra Kumar Paswan @ Jitendra Paswan Resident of Village- Suki (Sukki), P.S.- Khajauli, District- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Ravi Prakash, Advocate For the Opposite Party/s : Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 24-03-2026 Heard Mr. Ravi Prakash, learned counsel for the petitioner and Mr. Rajesh Kumar, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 28.01.2026 in connection with Khajauli P.S. Case No. 203 of 2025, F.I.R. dated 29.09.2025 for the offences punishable under Section 274, 275, 3(5) of the Bharatiya Nyay Sanhita, 2023 and 30(a) of the Bihar Prohibition and Excise Act, 2018. 3. Recovery is of 129 liters of iilicit liquor. 4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. Altogether 36 liters of Nepali liquor has been recovered from a motorcycle bearing Reg. No. Patna High Court CR. MISC. No.18408 of 2026(2) dt.24-03-2026 2/3 2B64BY2MPL04004 and 84 liters of Kingfisher strong bear and 9 liters of Gourav Sofi Nepali recovered from another motorcycle bearing Reg. No. MBLIA06AMGG138616 and the petitioner has been made accused in this case on the basis of disclosure made by local chowkidar and except the disclosure made by local chowkidar, no other cogent material has come during investigation which suggest the involvement of the petitioner in the present occurrence and the petitioner is in custody since 28.01.2026. 5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that petitioner carries three criminal antecedents in which he is on bail in two cases and one case is pending for consideration before competent court of law. 6. 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, Madhubani in connection with Khajauli P.S. Case No. 203 of 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 Patna High Court CR. MISC. No.18408 of 2026(2) dt.24-03-2026 3/3 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. Suruchi/- (Rajesh Kumar Verma, J) U T