IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32411 of 2026 Arising Out of PS. Case No.-450 Year-2025 Thana- BABUBARHI District- Madhubani ====================================================== Dharmpal Sah @ Dharampal Kumar Sah S/o Shyam Sah @ Shyam Kumar Sah R/o Vill- Kumarkhat, P.S.-Ladaniya, Distt- Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mrs.Kumari Pallavi, Advocate For the Opposite Party/s : Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 12-05-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. In the present case, the petitioner seeks bail in connection with Babubarhi P.S. Case No. 450 of 2025, registered for the offences under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. 3. As per prosecution case, information was received about transportation of illicit liquor in a four wheeler. Checking of vehicles was started and the identified vehicle was signalled to stop but the driver tried to run away with the vehicle. The said vehicle was intercepted and coaccused Salit Kumar Paswan was apprehended and a person fled away from the spot and the apprehended coaccused disclosed the name of the petitioner as the person who fled away from the spot while the police gave a Patna High Court CR. MISC. No.32411 of 2026(2) dt.12-05-2026 2/3 chase. From the vehicle, 727.500 litre of country made Nepali liquor was recovered. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. The petitioner was not apprehended from the spot and nothing incriminating has been recovered from his person or possession. Petitioner has been made accused in this case merely on suspicion on the saying of the coaccused but the petitioner has no concern with the coaccused or the seized liquor or the vehicle. Learned counsel further submits that the apprehended coaccused has been granted bail by a learned Co-ordinate Bench of this Court vide order dated 20.11.2025 passed in Cr. Misc. No. 78551 of 2025. Petitioner is having antecedent of two cases and he is in custody since 26.03.2026. 5. Learned APP appearing for the State opposes the submission made on behalf of the petitioner. 6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the fact that petitioner was not apprehended from the spot and no recovery was shown from his person and further considering his period of custody, the petitioner is directed to be released on Patna High Court CR. MISC. No.32411 of 2026(2) dt.12-05-2026 3/3 bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise, Madhubani/concerned court, in connection with Babubarhi P.S. Case No. 450 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Anuradha/- (Arun Kumar Jha, J) U T