Patna High Court

CR. MISC./58830/2026 of Dipak Kumar Singh Vs The State of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.58830 of 2026 Arising Out of PS. Case No.-85 Year-2026 Thana- MADHWAPUR District- Madhubani ====================================================== Dipak Kumar Singh Son of Uma Shankar Singh Resident of Village- Sujatpur, P.S.- Madhwapur,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58830 of 2026

Arising Out of PS. Case No.-85 Year-2026 Thana- MADHWAPUR District- Madhubani ======================================================

Dipak Kumar Singh Son of Uma Shankar Singh Resident of Village- Sujatpur, P.S.- Madhwapur, District- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Ahmad Ali, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

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ORAL ORDER

19-08-2026 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Madhwapur P.S. Case No. 85 of 2026, registered for the offences punishable under Sections 30(a) of the Bihar Prohibition and Excise Act.

3. Suspecting that two persons coming on a motorcycle, are carrying illicit wine, when the police tried to intercept them, they succeeded in fleeing away, after leaving the motorcycle. On search, total 27 liters Nepal country made liquor was recovered.

4. Learned Advocate for the petitioner referring to the FIR contended that the name of the petitioner has been implicated in this case by virtue of he being owner of the Patna High Court CR. MISC. No.58830 of 2026(2) dt.19-08-2026

motorcycle, in question. In fact, on the fateful day, the motorcycle, in question, was taken away by one of the villager, on the pretext of bringing some medicines and the petitioner was not aware as to whether his motorcycle had ever been used for any illicit purpose. There is no material collected during the course of investigation, which suggest the complicity of the petitioner. Above all, it is not the case of the prosecution that his presence was found nearby the place of occurrence. The petitioner bears fair antecedent and he undertakes that he will fully cooperate in the proceeding of the court.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application.

6. Regard being had to the submissions made on behalf of the parties and considering the fact that the name of the petitioner has been implicated only on account of he being owner of the motorcycle, in question; besides there is non compliance of the statutory prescriptions of the BNSS and the lack of material, which attract the rigors to maintain the anticipatory bail as well as the fair antecedent of the petitioner, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of Patna High Court CR. MISC. No.58830 of 2026(2) dt.19-08-2026

this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of Exclusive Special Judge Excise, Madhubani in connection with Madhwapur P.S. Case No. 85 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.

sumit/- (Harish Kumar, J) U T

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