Patna High Court/49813/2026bail granted

Majmullah Dewan v. The State Of Bihar

2026-07-22Mr. Justice Raj Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 49813 of 2026 Arising Out of PS. Case No.-158 Year-2026 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Majmullah Dewan S/o Nathuni Dewan Resident of Village- Bis Rahiya, P.S.- Dhaka, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar, Adv.

For the Opposite Party/s :

Mr.Madan Kumar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJ KUMAR ORAL ORDER 22-07-2026 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is languishing in custody since 17.05.2026 and is seeking regular bail in connection with Kundwa Chainpur P.S Case No. 158/2026 registered u/s 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per FIR allegation, 99 litres of Nepali liquor is said to have been recovered from the bicycle of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in this case. Learned counsel for the petitioner next submits that the petitioner is in custody since 17.05.2026.

5. Learned APP for the State has opposed the

Patna High Court CR. MISC. No. 49813 of 2026(2) dt.22-07-2026 2/3 application.

6. Taking into consideration that the petitioner has no criminal history, prayer for bail is allowed and the petitioner above-named, is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No- 03, East Champaran at Motihari in connection with Kundwa Chainpur P.S Case No. 158/2026, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial.

(ii) One of the bailors must be close relatives of the petitioner such as mother, father, brother, sister or wife. (iii) Before release, the learned court below shall verify the criminal antecedent of the petitioner and if he is found involved in any other case except the present one, his bail bond shall not be accepted.

(iv) The petitioner will appear on each and every date fixed by the trial court and if, he fails to do so on two consecutive dates, unless he is prevented by extremely adverse circumstances, the learned court below will be at liberty to cancel the bail bond of the petitioner.

Patna High Court CR. MISC. No. 49813 of 2026(2) dt.22-07-2026 3/3 (v) It is also made clear that there shall not be any delay in verifying the criminal antecedent of the petitioner. (Raj Kumar, J) ashutosh/- U