Patna High CourtCR. MISC./49335/2026bail granted

Shakti Bhushan Bharti v. The State Of Bihar

2026-07-21Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49335 of 2026 Arising Out of PS. Case No.-103 Year-2026 Thana- Excise P.S. District- Madhepura ====================================================== Shakti Bhushan Bharti S/O Late Mandeo Bhagat R/O Vill.- Khopatti, Ward no. 8, P.s. and Dist.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pooja Prasad, Advocate For the Opposite Party/s :

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 21-07-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Madhepura Excise P.S. Case No. 103 of 2026 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 175.590 liters liquor was recovered from dilapidated house and the petitioner was arrested on 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 no concern with the alleged recovery of liquor. It is

Patna High Court CR. MISC. No.49335 of 2026(2) dt.21-07-2026 2/2 further submitted that recovery is made from dilapidated house which is an open place accessible to public at large. The petitioner is in custody since 16.05.2026 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. 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, clean antecedent 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Madhepura Excise P.S. Case No. 103 of 2026.

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