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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13107 of 2026 Arising Out of PS. Case No.-27 Year-2026 Thana- JAYNAGAR District- Madhubani ====================================================== Shankar Kumar S/o- Ram Chandra Yadav Resident of Village- Chhapradhi, Ward No. 10, P.S.- Khajauli, District- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shailendra Kumar Jha, Advocate For the Opposite Party/s : Mr.Shyam Bihari Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 24-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Jaynagar P.S. Case No. 27 of 2026, instituted for the offences punishable under Sections 274, 275, 317(5) of the Bharatiya Nyaya Sanhita, 2023 and u/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 279 liters of Nepali liquor was recovered from two motorcycles. Petitioner was arrested on the spot.
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 the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.13107 of 2026(2) dt.24-02-2026 2/2 no concern with the alleged recovery of liquor. The petitioner is not the owner of the motorcycles rather he was passersby of the way and has become victim of circumstances. The petitioner is in custody since 15.01.2026 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP 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 on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Jaynagar P.S. Case No. 27 of 2026.
manish/- (Rudra Prakash Mishra, J) U T