Patna High Court

CR. MISC./57384/2026 of Subhash Kumar @ Subhash Kumar Singh Vs The State of Bihar on 19 August 2026

COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57384 of 2026 Arising Out of PS. Case No.-116 Year-2026 Thana- BHAIRAVSHTHAN District- Madhubani ====================================================== Subhash Kumar @ Subhash Kumar Singh S/O Late Kuldeep Yadav R/O Village- Behrauna, P.S -

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57384 of 2026

Arising Out of PS. Case No.-116 Year-2026 Thana- BHAIRAVSHTHAN District- Madhubani ======================================================

Subhash Kumar @ Subhash Kumar Singh S/O Late Kuldeep Yadav R/O

Village- Behrauna, P.S - Baheri, District - Darbhanga, Bihar.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr.Sanjay Kumar Jha, Advocate

For the Opposite Party/s :

Mr.Ahmad Ali, APP

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

CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA

ORAL ORDER

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19-08-2026 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Bhairavsthan P.S. Case No. 116 of 2026 registered for the alleged offences under Sections 274, 275 of BNS and Section 30(a) of Bihar Prohibition and Excise Act.

03. As per prosecution case, the petitioner was apprehended transporting 145.800 litres of foreign liquor in his vehicle.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was merely a driver and was not knowing Patna High Court CR. MISC. No.57384 of 2026(2) dt.19-08-2026

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about the consignment which was loaded by the owner. The petitioner has been shown as owner on the basis of the confessional statement about purchase on affidavit but the same could not establish the ownership of the petitioner with regard to the vehicle in question. Therefore, the petitioner has no concern with the seized vehicle or the seized liquor. The petitioner is having clean antecedent and he is in custody since 07.07.2026.

05. Learned APP opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the quantity of liquor recovered, period of custody of the petitioner and his clean antecedent, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise Act, Jhanjharpur, Madhubani/concerned Court in connection with Bhairavsthan P.S. Case No. 116 of 2026, subject to the conditions mentioned in Section 480(3) of B.N.S.S. and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.57384 of 2026(2) dt.19-08-2026

(ii) The petitioner will remain present on each and every date fixed by the court below.

(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.

DKS/- (Arun Kumar Jha, J) U T

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