Patna High Court
CR. MISC./58628/2026 of Md Islam @ Islam Mian Vs The State of Bihar on 19 August 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58628 of 2026 Arising Out of PS. Case No.-297 Year-2026 Thana- BANJARIA District- East Champaran ====================================================== Md Islam @ Islam Mian S/O Moham Jan Mian Village- Singhiya Gumti , Kabari Tola ,P.S.-
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58628 of 2026
Arising Out of PS. Case No.-297 Year-2026 Thana- BANJARIA District- East Champaran ======================================================
Md Islam @ Islam Mian S/O Moham Jan Mian Village- Singhiya Gumti , Kabari Tola ,P.S.- Banjariya , District-East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Vijay Shankar Shrivastava, Adv.
For the Opposite Party/s :
Mr. Sharda Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR
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ORAL ORDER
19-08-2026 Heard learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.
2. The petitioner is seeking regular bail in connection with Banjariya P.S. Case No. 297 of 2026, registered for the offences punishable under Section 111 of the B.N.S. and Section 30(a) of the Bihar Excise Act, 2022.
3. As per the allegation made in the F.I.R., 90 litres of Nepali Wine has been recovered from a Gumti.
4. Learned counsel for the petitioner submits that he has been made an accused on the basis of the information given by a Local Chaukidar.
5. Learned counsel for the petitioner has disputed the alleged recovery and undertakes not to repeat the offence. Learned counsel for the petitioner further submits that the Patna High Court CR. MISC. No.58628 of 2026(2) dt.19-08-2026
petitioner is in judicial custody since 20.06.2026 having two other cases, in which he is already on bail.
5. Learned A.P.P. on behalf of the State has opposed the application.
6. 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 3rd Exclusive Special Excise Judge, Saran and Chapra, in connection with Gaura P.S. Case No. 256/2026, 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 Patna High Court CR. MISC. No.58628 of 2026(2) dt.19-08-2026
following due process of law.
(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