CR. MISC./26298/2026 of Shyam Kumar Chaupal Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26298 of 2026 Arising Out of PS. Case No.-23 Year-2026 Thana- PHULPARAS District- Madhubani ====================================================== Shyam Kumar Chaupal Son of Kapileshwar Chaupal @ Kapileshwar Mandal R/O Village- Fulkahi, P.S.- Phulparas, District- Madhubani ... ... Petitioner/s Versus The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hriday Narayan Harshit, Advocate For the Opposite Party/s: Mr. Md. Fahimuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 2 20-04-2026 Heard Mr. Hriday Narayan Harshit, learned counsel for the petitioner and Mr. Md. Fahimuddin, learned Additional Public Prosecutor for the State. 2. Petitioner seeks bail who is in custody since 23.01.2026 in connection with Phulparas P.S. Case No. 23/2026, F.I.R. dated 22.01.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. 3. Recovery is of 432 liters of Nepali country-made liquor from the tempo. 4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather Patna High Court CR. MISC. No.26298 of 2026(2) dt.20-04-2026 2/3 the recovery has been made from tempo in question and the petitioner has been made accused merely on the basis that he is the driver of the vehicle in question. He further submits that there is non-compliance of Section 100 of Cr.P.C/103 of BNSS. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 23.01.2026. 5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner. 6. Considering the aforesaid facts and circumstances, let the petitioner, above named, 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 Special Judge Excise Act, Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No. 23/2026, subject to the following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the Patna High Court CR. MISC. No.26298 of 2026(2) dt.20-04-2026 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. iii. And further condition that the 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. atul/- (Rajesh Kumar Verma, J) U T