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2026 DAILYLAW 29080 (PAT)

Arjun Kumar v. The State of Bihar

CR. MISC./57851/2026 · 2026-08-19

Arun Kumar Jha

Public Interest Litigationbody2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57851 of 2026 Arising Out of PS. Case No.-300 Year-2026 Thana- PHULPARAS District- Madhubani ====================================================== Arjun Kumar S/O Kaushlendra Yadav R/O Village- Tengrar, P.S- Khutauna, Distt.- Madhubani. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ratnakar Jha, Advocate For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. In the present case, the petitioner seeks bail in connection with Phulparas P.S. Case No. 300 of 2026, registered for the offences under Sections 30(a) of the Bihar Prohibition and Excise Act. 3. As per the prosecution case, police received information about coaccused Dilkhush Yadav bringing and storing foreign liquor in his house and also trying to trade it of with the help of his associates. A raid was conducted and two persons were found sitting on a motorcycle keeping a carton in between them. The person on the driver seat was apprehended who is the present petitioner and the person sitting on the pillion seat fled away from the spot. From the search of the carton, Patna High Court CR. MISC. No.57851 of 2026(2) dt.19-08-2026 2/3 recovery of 17.28 litre of foreign liquor was made. On search of the another vehicle 17.64 litre of foreign liquor was made. On further search of the house of coaccused Dilkhush Yadav, and the adjacent places, total recovery of 339.71 litre of foreign liquor was made. 4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. From the FIR, it is clear that the petitioner was employee of coaccused Pappu Yadav and he was having no knowledge about the origin of the liquor and where it was to be taken. The petitioner is a daily wager and has no concern with Dilkhush Yadav. The petitioner is neither owner nor driver of the seized motorcycle from which the recovery of alleged contraband was made. The petitioner has got two criminal antecedent and he is on bail in both the cases. The petitioner is in custody since 10.07.2026. 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 quantity of liquor seized from this petitioner and also considering the period of custody of the petitioner, the petitioner Patna High Court CR. MISC. No.57851 of 2026(2) dt.19-08-2026 3/3 is directed to be released on 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, Jhanjharpur, Madhubani/concerned court, in connection with Phulparas P.S. Case No. 300 of 2026, 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