Patna High CourtCR. MISC./5361/2026bail granted

Shobhit Kumar Das @ Shobhit Kumar v. The State Of Bihar

2026-01-31Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5361 of 2026 Arising Out of PS. Case No.-210 Year-2025 Thana- LAUKAHI District- Madhubani ====================================================== Shobhit Kumar Das @ Shobhit Kumar Son of Sanjay Das Resident of Village- Kariaut, P.S.- Laukahi, District- Madhubani ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Kumar Bharti, Advocate For the Opposite Party/s :

Mr.Ramesh Chandra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 31-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Laukahi P.S. Case No. 210 of 2025, instituted for the offences punishable under Sections 274, 275, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 432 liters of Neplai liquor was recovered from jute sack. Petitioner was arrested on the spot.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got

Patna High Court CR. MISC. No.5361 of 2026(2) dt.31-01-2026 2/2 no concern with the alleged recovery of liquor. The petitioner has some dispute with the Police personnel, so he has been implicated in this case. At the time of seizure, no independent witnesses were present. The petitioner is in custody since 23.10.2025 and has got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Laukahi P.S. Case No. 210 of 2025.

(Rudra Prakash Mishra, J) manish/- U T