Lal Babu ShahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32497 of 2026
                     Arising Out of PS. Case No.-95 Year-2026 Thana- KHAJAULI District- Madhubani
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           1.     Lal Babu Shah S/o Ajit Sah Resident of Village - Maniarwa Ward no 3, P.S. -
                  Khajauli, District - Madhubani.
           2.     Lakshman Kumar Shah @ Laxman Kumar Sah S/o Premlal Shah Resident
                  of Village - Maniarwa Ward no 3, P.S. - Khajauli, District - Madhubani.
                                                                                 ... ... Petitioners
                                                    Versus
                 The State of Bihar
                                                                           ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioners        :      Mr. Subhash Kumar Jha, Advocate
                 For the State              :      Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   12-05-2026                         Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                       2. At the outset, learned counsel for the petitioners

                   seeks and is granted permission to make necessary correction in

                   paragraph no. 1 of the present regular bail petition by inserting

                   Section 30(a) of the Bihar Prohibition and Excise Act, which

                   has inadvertently not been mentioned earlier, in the course of

                   the day.

                                       3. In the present case, the petitioners seek bail in

                   connection with Khajauli P.S. Case No. 95 of 2026, dated

                   08.04.2026, registered for the offences punishable under

                   Sections 274 and 275 read with Section 3(5) of the B.N.S., 2023

                   and Section 30(a) of the Bihar Prohibition and Excise Act.
Patna High Court CR. MISC. No.32497 of 2026(2) dt.12-05-2026
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                          4. As per the prosecution case, during vehicle

          checking, the petitioners tried to run away from the Police party,

          but they were apprehended and on search of the vehicles,

          recovery of 135 litres of illicit country made Nepali liquor was

          made.

                          5. Learned counsel appearing on behalf of the

          petitioners submits that petitioners are innocent and they have

          falsely    been implicated in the present            case. Nothing

          incriminating has been recovered from person or possession of

          the petitioners. Petitioner no. 1 is the driver and petitioner no. 2

          is the owner of the seized vehicle, but nothing incriminating has

          been recovered from this vehicle and the story of recovery of

          illicit liquor is false and concocted. There are no independent

          witnesses to the seizure and there is violation of Sections 103(3)

          and 103(8) of the B.N.S.S., 2023. Learned counsel next submits

          that petitioners are having antecedent of one case of similar

          nature. Learned counsel lastly submits that petitioners are in

          custody since 09.04.2026.

                          6. Learned A.P.P. appearing on behalf of the State

          opposes the submissions made on behalf of the petitioners and

          submits that petitioners are having antecedent of one case of

          similar nature.
          Patna High Court CR. MISC. No.32497 of 2026(2) dt.12-05-2026
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                                    7. Having regard to the facts and circumstances and

                    submissions made on behalf of the parties and considering the

                    period of custody of the petitioners, the petitioners, above-

                    named, are directed to be released on bail, on furnishing bail

                    bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with

                    two sureties of the like amount each to the satisfaction of

                    learned Exclusive Special Judge Excise, Madhubani / concerned

                    Court, in connection with Khajauli P.S. Case No. 95 of 2026,

                    subject to the condition laid down under Section 480(3) of the

                    B.N.S.S. and other following conditions:

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

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the court below, if so required by the learned

                    trial Court.

                                    (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.



                                                                 (Arun Kumar Jha, J)

Shahnawaz/-

U     T