Upendra Kumar @ Bela @ Baila v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38138 of 2026 Arising Out of PS. Case No.-76 Year-2026 Thana- Hariharnath P.S. District- Saran ====================================================== Upendra Kumar @ Bela @ Baila S/O Kamal Mahto @ Kamlal Mahto R/O village - Akbarpur, Near Harihar Nath Mandir, P. S - Hariharnath, District - Saran ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH ORAL ORDER 18-06-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. Petitioner seeks regular bail in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

3. As per the F.I.R., the prosecution story is that upon acting an information that two persons are selling illicit liquor near Hariharnath chowk, the police officials went there and after seeing them started fleeing away but was caught and upon searching the place, 10.180 litres of foreign liquor was recovered from the possession of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and he is in custody since 12.05.2026. He further submits that nothing

Patna High Court CR. MISC. No.38138 of 2026(2) dt.18-06-2026 2/3 incriminating has been recovered from the possession of the petitioner. The petitioner has one criminal antecedent in which he is already been granted bail by this Hon'ble Court.

5. Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as also taking into account the petitioner has one criminal antecedent in which he has already been granted bail by this Hon'ble Court, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Court of 2nd Exclusive Special Excise Judge, Saran at Chapra, in connection with Hariharnath P.S. Case No. 76 of 2026, on the following condition :- (i) That one of the bailor should be family member of the petitioner.

(ii) That the petitioner shall cooperate in the trial and shall be properly represented on each and every date as fixed by the Court below.

(iii) The Court below shall verify the criminal antecedent of the petitioner and if at any stage, it is found that the petitioner has concealed his criminal antecedent, the Court

Patna High Court CR. MISC. No.38138 of 2026(2) dt.18-06-2026 3/3 below shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail-bond shall not be delayed for purpose of in name of verification. (Kumar Manish, J) sanjeev/- U T