Vasukinath Jha @ Basukinath Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11001 of 2026 Arising Out of PS. Case No.-68 Year-2025 Thana- Patauna District- Madhubani ====================================================== Vasukinath Jha @ Basukinath Jha S/o Parmanand Jha R/o - Bhojparaul, P.S - Bisfi, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Ranjan, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with Patauna P.S. Case No. 68 of 2025 registered for the offences under Sections 274, 275, 3(5) of the B.N.S. and under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case is to the effect that the police intercepted a motorcycle and apprehended two persons, who were allegedly carrying 18 litres of Nepali liquor in a sack.
4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR, however, the police is after the petitioner because the motorcycle on which the apprehended persons were travelling belongs to the petitioner. It has further been submitted that the petitioner has no concern with the
2/4 aforesaid recovery of liquor and in fact, he had given his motorcycle to the apprehended co-accused, namely, Sonu Kumar Choupal and it was the said Sonu Kumar Choupal, who was carrying such liquor. It has lastly been submitted that the petitioner carries three criminal cases but none of them is under the Excise Act.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and circumstances of the case, let the petitioner above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Patauna P.S. Case No. 68 of 2025 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative.
3/4 (ii) The petitioner shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two 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.
(iv) If the petitioner is found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of his bail bond. (v) The learned Court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(vi) In view of the antecedents of the petitioner, the petitioner is directed to appear before the Superintendent of Police, Madhubani within fifteen days of his release with a copy of this
4/4 order and every two weeks thereafter for the next nine months. The conduct of the petitioner will be kept under watch in this period by the Superintendent of Police concerned and if it is found wanting in any respect, a report shall be made to the court concerned by him to initiate a proceeding for cancellation of bail for reasons of misuse of bail. After reporting to the Superintendent of Police, a certificate will be filed by the petitioner before the court concerned.
7. Accordingly, the prayer for anticipatory bail is allowed.
8. It is made clear that the observation, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) aditya/- U