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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4678 of 2026 Arising Out of PS. Case No.-263 Year-2025 Thana- BELA District- Sitamarhi ====================================================== Darshan Kumar Das Son of Late Shibbu Das @ Late shibu Das @ Late Sibu Das Resident of village - Usraina Bazar @ ward no. 10, Manpaur, P.S.- Bela, Dist.- Sitamarhi ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Santosh Kumar, Advocate For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 2 28-01-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in connection with Bela P.S. Case No. 263/2025 instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. The prosecution case, in short, is that total 171 litres of illicit Nepali liquor was recovered from five motorcycle. 4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is in no manner connected with the vehicle in question or with the alleged recovery of liquor. The other co- accused person has been granted regular bail by this Hon’ble court vide order dated 19.01.2026 passed in Cr. Misc. No. 1665
Patna High Court CR. MISC. No.4678 of 2026(2) dt.28-01-2026 2/2 of 2026. The petitioner is in custody since 05.12.2025 and has two criminal antecedents. There is no compliance of Section 103 of the Bharatiya Nagarika 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 as also 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 Bela P.S. Case No. 263/2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.
(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. atul/- (Rudra Prakash Mishra, J) U T