Kabindar Bhagat @ Kavindra Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52058 of 2026 Arising Out of PS. Case No.-195 Year-2026 Thana- MADHUBAN District- East Champaran ====================================================== Kabindar Bhagat @ Kavindra Bhagat S/o Narendra Bhagat R/o Village - Bokanekhurd Bokanekala, PS - Patahi, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Usha Kumari, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR ORAL ORDER 29-07-2026 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner is apprehending arrest in connection with Madhuban P.S. Case No. 195 of 2026, G.R No. 1207 of 2026, lodged on 23.05.2026, for the offence punishable under Sections 111(2), 111(4) of B.N.S and 30(a) and 41(1) of Bihar Prohibition and Excise Act.
3. The prosecution case, in brief, is that on 23.05.2026 at about 12:15 A.M., during routine patrolling, the informant received secret information that the F.I.R.-named accused persons were operating a gang engaged in the illegal sale of liquor and had concealed a stock of English liquor in a bamboo field. Acting upon the information, the informant, along with the police team, conducted a raid. On seeing the police, the
Patna High Court CR. MISC. No.52058 of 2026(2) dt.29-07-2026 2/3 petitioner and other co-accused persons fled from the spot but were identified by the local Chaukidar. During the search, the police allegedly recovered 2,160 litres of English liquor.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The counsel further submits that the petitioner has clean antecedent and nothing to do with the seized liquor.
5. Learned APP for the State vehemently opposes the prayer for bail of the petitioner.
6. Having heard the parties, I am of the considered view that twelve people have been identified by the local chowkidar on mere suspicion and the present petitioner happens to be one of them.
7. In the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-3, Motihari, East Champaran in connection with Madhuban P.S. Case No. 195 of 2026, subject to the conditions as laid down U/s 482(2) of the
Patna High Court CR. MISC. No.52058 of 2026(2) dt.29-07-2026 3/3 B.N.S.S., 2023 and also subject to the following conditions: (I) One of the bailors shall be the petitioner's own or close member.
(II) The petitioner shall appear on each and every date fixed during the trial and also co-operate in the process of trial. (III) The petitioner shall not tamper with the prosecution evidence or influence/intimidate any witness during the course of trial.
(IV) The Petitioner shall not commit offence of a similar nature in future.
In case of violation of any of the aforesaid conditions, the Trial Court shall be at liberty to cancel the bail bonds of the petitioner.
(Alok Kumar, J) Bipin/- U T