Lakshman Kumar mandalversusThe State of Bihar

                      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
                                       ORAL ORDER

2   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
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          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
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                      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.



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

U       T