1

(Petitioner in custody)

In

The Court of Special Judge Excise, Patna

Special Case No.- / 2024

(Arising out of Excise P.S Case No. – 728 / 2024)

State

Versus

Deepak Rai @ Deepak Kumar ……………. Accused

Subject: - Regular Bail

INDEX

SL. Particulars Page

No. No.

1. An application U/s 439 &

440 of the Code of
Criminal Procedure along
with affidavit.

2. Vakalatnama
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(Petitioner in custody)

In

The Court of Special Judge Excise, Patna

Special Case No.- / 2023

(Arising out of Excise P.S Case No. – 728 / 2024)

State

Versus

Deepak Rai @ Deepak Kumar ……………. Accused

In the matter of an
application for the grant of
regular bail under Section
439 & 440 of the Code of
Criminal Procedure, 1973.

And

In the matter of

Deepak Ray @ Deepak Kumar Aged About 25 Years S/O

Late Keshar Ray R/O Sabalpur, P.S: Sonepur, Dist.
Saran

…. Accused

Versus

State of Bihar …...Opposite Party

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The humble regular bail

petition filed on behalf of
Petitioner namely;

Deepak Ray @ Deepak Kumar

Aged About 25 Years S/O
Late Keshar Ray R/O
Sabalpur, P.S: Sonepur,
District. Saran

MOST RESPECTFULLY SHEWETH;

1. That this is an application filed for regular bail

petition on behalf of the above-named petitioner in
Special Case No.- /2023 arising out of Excise
P.S case No. – 728/2024 u/s- 30(a) of Bihar
prohibition and Excise Amendment Act, 2022.
2. That the petitioner has not filed any such type of
bail application either anticipatory or regular before
your honour’s court or the Hon’ble High court,
Patna earlier.
3. That the petitioner has no criminal antecedent.
4. That the prosecution story as alleged in the FIR in
short as follows;
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i. That the Informant namely Sonam Kumari,

A.S.I of Excise Police station gave his written
report before the Officer in charge of Excise
Police station and stated that on 01.04.2024 at
about 19:00 o’clock received confidential
information about the illegal supply of alcohol
in the form of home delivery to be done.
ii. After the information the police station in
charge formed team comprising Ajeet Kumar,
Sonam Kumari, Abhijeet Kumar, Shashi
Mishra, Anuradha Kumari along with police
personnels proceeded for informant place
iii. After reaching on the information place at Nala
Road a checking was carried out three people
were seen as suspicious. It was seen that they
were carrying a Polly bag, after seeing the police
they reacted and were seen nervous, with the
help of the team they were surrounded and
caught.
iv. When enquired about their identity it was found
that (i) Shani Kumar aged about 27 years s/o
Dilip Kumar r/o khemni chowk P.S. khemni
chowk Dist. Patna (ii) Deepak Rai aged about 25
years s/o late Kesar Rai r/o Sabalpur P.S.
Sonepur Dist. Saran (iii) Nagendra Rai aged
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about 50 years s/o Jadu Nandan Rai r/o

Rushtampur P.S. Raghopur Dist. Saran.
v. During investigation some person gathered
together at the spot further the police requested
those persons to become witness during search
of the three accused persons and their bags but
none turned up and refused all together.
vi. Their after, two persons(sepoy) of raid team of
Excise dept. namely (i) Abhijeet Kumar (ii)
Anuradha Kumari voluntarily became witnesses
and all the three persons were searched in legal
manner prescribed under the law.
vii. During search the three persons namely (i)
Shani Kumar in whose possession Royal green
Deluxe whisky 90ml 15 pieces, total amount
01.35 litre foreign liquor, batch no : 06,L-3,
Dated: 19.01.2024 was found in plastic bottle
and which was for sale in Punjab only (ii)
Deepak Rai in whose possession Royal green
deluxe whisky 90ml, 30 pieces, total amount
2.7 litre foreign liquor, batch no : 06,L-3, Dated:
19.01.2024 was found in plastic bottle and
which was for sale in Punjab only (iii) Nagendra
rai in whose possession Royal stag whisky
quantity of 750ml, of 2 bottles, of total quantity
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of 01.5 litre illegal foreign liquor was found from

them.
viii. On the basis of recovery of seized article from
the accused persons were taken into custody
and after following all the necessary legal
parameters and directions under the provisions
of law were done on the place of incident and
further seizure memo was prepared on the spot
and arrest was made.
ix. Memo of arrest and seizure were given to all
the accused persons and the team taken the
possession of seized articles and arrested
persons moved from the place of incident to
Excise P.S.: Patna. There after the police team
along with arrested persons and seized articles
came to excise P.S. Patna and registered an
F.I.R against all the three accused persons.
A copy of the said Excise P.S.
Case No .728/2024 has been
Annexed here with and
marked as Annexure-1 to the
bail application.
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5. That the petitioner is quite innocent and has falsely

been implicated in this case by the informant only
on suspicion.

6. That from perusal of the F.I.R it is evident that the

petitioner has no concern with the alleged
occurrence but only about the confession of the co-
accused, the name of the petitioner has been falsely
dragged into this case.
7. That the confession given to the police has no
evidentiary value.
8. That there is nothing any incriminating articles was
recovered from the conscious possession of the
petitioner.
9. That the petitioner is not the owner of alleged
recovered foreign liquor.
10. That petitioner comes from a socio-economically
disadvantaged background, a factor often associated
with disproportionate targeting by police.
11. That the prosecution's case lacks crucial
independent witnesses to verify the events
surrounding the alleged seizure of alcohol from the
petitioner near the market. Without unbiased
observers, the reliability of the presented evidence is
called into question.
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12. That the alleged place from where the illegal

liquor was recovered does not belongs to petitioner
from any angle.
13. That there's a legitimate concern regarding the
possibility of collusion within the law enforcement
apparatus. Relying solely on police testimony
without presence of independent witness raises
suspicions of misconduct and manipulation of
evidence
14. That as per Seizure list, there is no independent
witness in this case and the independent witnesses
were the member of raiding police personnels.
15. That there is no compliance of section- 100 of
Cr.p.c in preparation of seizure list.
16. That the police have taken the signature of the
petitioner on several plain or printed papers by
forcibly and converted into false concocted created
and baseless seizure list and arrest memo and other
documentary in the instant case.
17. That the petitioner is languishing in judicial
custody since 02.04.2024 up till now without any
fault.
That the petitioner undertakes to appear each and
every date in future after granting bail.
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18. That the petitioner is ready to furnished the

amount sureties to the satisfaction of your honour’s
court.
19. That there is no chance of absconding and
tempering with the evidence after granting bail.
20. That the other points shall be urged at the time
of hearing.
It is therefore prayed that
your honour may kindly be
pleased to allow the petitioner
on regular bail.

And for this, the petitioner shall ever pray.

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AFFIDAVIT

I, , aged about
years, Male, Son of

, Resident of Village – R/o –

Dakanpura, P.S – Gardanibagh, District -Patna, do
hereby affirm and state as follows:

1. That I am of the petitioner as such am

well acquainted with the facts and circumstances of
the case.
2. That the contents of this petition have been read over
and explained to me in Hindi which I have fully
understood the same.
3. That, Annexures are true photo copies of their
respective originals.
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