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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58621 of 2026 Arising Out of PS. Case No.-233 Year-2026 Thana- BASOPATTI District- Madhubani ====================================================== Subhash Kumar son of Lalan Mandal @ Lalan Kumar Mandal Resident of Village- Mansinghpatti, P.S. -Basopatti, District -Madhubani ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Shailendra Kumar Jha, Adv. For the Opposite Party/s : Mr. Ramesh Chandra, A.P.P. ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioner as well as learned the Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Basopatti P.S. Case No. 233 of 2026, registered for the offences punishable under Sections 274, 275 of B.N.S. and 30(a) of Bihar Prohibition and Excise Act.
3. As per the allegation made in the F.I.R., 90 litres of Nepali country made liquor is allegedly recovered from the motorcycle driven by the petitioner.
4. Learned counsel for the petitioner has submitted that the provisions of Sections 103, 105 of the B.N.S.S. have not been complied with. It is further submitted that the petitioner has clean antecedent and undertakes not to repeat the offence.
5. Learned counsel has submitted that the petitioner is
Patna High Court CR. MISC. No.58621 of 2026(2) dt.19-08-2026 2/3 languishing in judicial custody since 11.07.2026.
6. Learned A.P.P. on behalf of the State has opposed the application.
7. Taking into consideration the entire facts and circumstances of the case, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Court of Exclusive Special Judge (Excise Court) Madhubani, in connection with Basopatti P.S. Case No. 233/2026, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial. (ii) One of the bailors must be close relatives of the petitioner such as mother, father, brother, sister or wife. (iii) The petitioner will appear on each and every date fixed by the trial court and if, they fails to do so on two consecutive dates, unless they are prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner. (iv) If petitioner repeat the offence of similar nature, his bail bond shall be liable to be cancelled by Court below after following due process of law.
Patna High Court CR. MISC. No.58621 of 2026(2) dt.19-08-2026 3/3 (v) Before release, the learned Court below shall verify the criminal antecedent of the petitioner and if the petitioner is found involved in any case other than the case as mentioned in para-3 of the bail petition, the bail bond of the petitioner will not be accepted. (vi) It is also made clear that there shall not be any delay in verifying the criminal antecedent of the petitioner.
Prachi/- (Raj Kumar, J) U T