Patna High Court
Bablu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail, granting it subject to specified conditions.
Summary
Petitioner Bablu Sah, the former owner of a car from which 144 litres of foreign liquor was seized, sought anticipatory bail under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2018. He contended that he had sold the vehicle before the alleged offence and that no incriminating article was found in his possession, asserting a clean antecedent. The State opposed the bail, arguing the seriousness of the offence. The High Court, after considering the facts and submissions, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC read with Section 482(2) of the B.N.S.S. The order stipulated bail bonds, sureties, personal appearance, and provisions for cancellation upon breach. The court clarified that any observations in the order would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
- Whether the petitioner’s claim of having sold the vehicle and lack of incriminating evidence warrants bail
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- excise law
- foreign liquor seizure
- Section 30(a)
- Section 32(3)
- CrPC Section 438
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11201 of 2026
Arising Out of PS. Case No.-899 Year-2023 Thana- Excise P.S. District- Kishanganj
======================================================
Bablu Sah, Son of Domi Sah, Resident of Village/ Mohalla- Singharapatti
Ward No. 17, P.S.- Dhamdaha, District- Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baijnath Sah, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha. APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Special Case No. 937 of 2023 arising out of Madya Nisedh
(Excise) P.S. Case No. 899 of 2023 registered for the offences
under Sections 30(a), 32(3) of the Bihar Prohibition and Excise
Amendment Act, 2018.
3. The prosecution case is to the effect that total 144
liters of foreign liquor was recovered from a car.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case only because
he happens to be the owner of the car. It has further been
submitted that he had already sold the said vehicle on
10.09.2021, however, the sale was not completed and in the
Patna High Court CR. MISC. No.11201 of 2026(2) dt.17-02-2026
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meantime the subsequent owner was apprehended with the
seized liquor. It has next been submitted that the petitioner had
no concern whatsoever with the alleged recovery and admittedly
no incriminating article has been recovered from the possession
of the petitioner or from his house. It has lastly been submitted
that the petitioner has clean antecedent.
5. Learned APP for the State has opposed the prayer
for anticipatory bail.
6. Considering the facts and circumstances of the case
and the submissions advanced on behalf of the parties, let the
petitioner above named be released on anticipatory bail, in the
event of arrest or surrender before the learned Court below
within a period of four weeks from today, on furnishing bail
bonds of Rs.10,000/-(ten thousand) with two sureties of the like
amount each to the satisfaction of the learned Court below
where the case is pending/successor court in connection with
Special Case No. 937 of 2023 arising out of Madya Nisedh
(Excise) P.S. Case No. 899 of 2023, subject to the conditions as
laid down under Section 438(2) of the Code of Criminal
Procedure read with corresponding Section 482(2) of B.N.S.S.
as well as subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his close
relative.
Patna High Court CR. MISC. No.11201 of 2026(2) dt.17-02-2026
3/3
(ii) The petitioner shall remain physically present in
Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in
violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the Court
concerned.
(iv) If the petitioner is found involved in similar nature
of offence in future, the prosecution shall be at liberty
to move for cancellation of his bail bond.
(v) The learned 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.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
manoj/-
U T
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