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2026 DAILYLAW 39818 (PAT)

Biplab Halder v. The State of Bihar

CR. MISC./72893/2025 · 2026-02-05

Prabhat Kumar Singh

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.72893 of 2025 Arising Out of PS. Case No.-257 Year-2021 Thana- BAISI District- Purnia ====================================================== 1. Biplab Halder S/o Parimal Halder R/o Bidhan Pally, Ward No. 10, P.S.- Dalkhola, District- Uttar Dinajpur (West Bengal) 2. Shyamal Biswas @ Shyam Biswas S/O Dhirendra Nath Biswas R/o Mohalla- PWD Para, Ward No. 09, P.S.- Dalkhola, District- Uttar Dinajpur (West Bengal) ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dheeraj Kumar, Advocate For the Opposite Party/s : Mr. Brajendra Nath Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 05-02-2026 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in Baisi P. S. Case No. 257 of 2021 registered for the offences punishable under Sections 272, 273 of the Indian Penal Code and Sections 30(a), 41, 47 of Bihar Prohibition and Excise Act. 3. As per prosecution case, 630 liters illicit liquor was recovered from the seized pick-up van. 4. Learned counsel for the petitioners submits that no incriminating material has been recovered from conscious possession of the petitioners. Petitioners are neither drivers nor owners of the vehicle in question and they have made accused Patna High Court CR. MISC. No.72893 of 2025(2) dt.05-02-2026 2/2 in this case only on the basis of confessional statement of co- accused Murshid Alam. 5. Learned A.P.P. for the State opposes the prayer for bail and submits that petitioner no. 1 has got two criminal antecedents and petitioner no. 2 has got three criminal antecedents of similar nature. 6. Considering huge quantity of recovery and criminal antecedents of similar nature, prayer for anticipatory bail of the petitioners is refused. Navya/- (Prabhat Kumar Singh, J) U T