Patna High Court

CR. MISC./44027/2026 of Lakshman Kumar mandal Vs The State of Bihar on 8 July 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.44027 of 2026 Arising Out of PS. Case No.-238 Year-2025 Thana- BASOPATTI District- Madhubani ====================================================== Lakshman Kumar mandal S/O- Ramsukh mandal Resident of Village- Jaso,Ward No. 2, PO and

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44027 of 2026

Arising Out of PS. Case No.-238 Year-2025 Thana- BASOPATTI District- Madhubani ======================================================

Lakshman Kumar mandal S/O- Ramsukh mandal Resident of Village- Jaso,Ward No. 2, PO and PS-Jaso Basopatti, District- Madhubani

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr. Vagisha Pragya Vacaknavi, Advocate

For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP

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

CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR

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ORAL ORDER

08-07-2026 Heard learned Advocate for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends his arrest in connection with Basopatti P.S. Case No. 238/2025, registered for the offences punishable under Sections 274,275,3(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. Allegedly, in course of vehicle checking the police intercepted a motorcycle bearing registration no. BR32AF-1825 and apprehended the motorcycle rider. In course of such, total 45 liters of illicit Nepali liquor was recovered.

4. Learned Advocate for the petitioner submitted that the name of the petitioner has been implicated in this case only by virtue of he being owner of the motorcycle in question. In Patna High Court CR. MISC. No.44027 of 2026(2) dt.08-07-2026

fact the motorcycle in question is kept at his parental house and the same is being used by his brother and other family members, and since the petitioner has been residing in Mumbai for the last five years, he has no information as to whether his motorcycle has ever been used for the purposes of illicit work. To support the aforesaid contention with respect to his working as a “Cook” at Central Fine Dine Restaurant, Mumbai, a certificate has also been provided on record as Annexure P/3. Since there is no material which suggests the complicity of the petitioner in the crime, besides no recovery has ever been made from the conscious and constructive possession, the rigors provided under Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act is also not attracted, is the contention of the learned Advocate. The petitioner bears fair antecedent.

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

6. Having considered the submissions advanced by learned Advocates for the respective parties and taking note of the fact that the name of the petitioner has been implicated in this case only by virtue of he being registered owner of the motorcycle in question. Though a certificate has been produced in this Court that he has been residing in Mumbai, besides his Patna High Court CR. MISC. No.44027 of 2026(2) dt.08-07-2026

fair antecedent and lack of materials which suggest the rigors regarding non maintainability of the bail application, 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 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 Exclusive Special Judge (Excise), Madhubani in connection with Basopatti P.S. Case No. 238/2025, 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.

siddharth kr. shaw/- (Harish Kumar, J) U T

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