Patna High Court
Babul Sah @ Bablu SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
Babul Sah was arrested after 2.880 litres of liquor were recovered from his possession, alleged to violate Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he was merely a passerby, no incriminating material was found on him, and that the investigation failed to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed his bail, citing the seriousness of the offences. Considering the lack of direct evidence, the extended period of custody since 29‑01‑2025, and the procedural lapse, the Court decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act when no incriminating material is found on him
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail
Legislation cited
Subjects
- bail
- prohibition law
- excise
- liquor possession
- criminal procedure
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12159 of 2026
Arising Out of PS. Case No.-115 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
Babul Sah @ Bablu Sah Son of Late Manik Lal Sah Resident Of Village -
Haripur (Jogbani), Ward No 12, PS- Forbesganj, Distt- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vijay Kishore Bharti, Advocate
For the Opposite Party/s : Mr.Pradeep Narain Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Learned counsel for the petitioner is permitted to
make necessary correction in para-4 of the application, in course
of the day.
3. The petitioner seeks bail in connection with Special
Case No. 116 of 2026, arising out of Madya Nisedh P.S. Case
No. 115 of 2026, instituted for the offences punishable under
Sections 30(a) and 32(3) of the Bihar Prohibition and Excise
Act.
4. The prosecution case, in short, is that total 2.880
liters liquor was recovered from the possession of the petitioner.
Petitioner was arrested on the spot.
5. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.12159 of 2026(2) dt.23-02-2026
2/2
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. The petitioner
was passersby of the way and has become victim of
circumstances. The petitioner is in custody since 29.01.2025 and
has got one criminal antecedent. There is no compliance of
Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
6. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
8. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Special Case No.
116 of 2026, arising out of Madya Nisedh P.S. Case No. 115 of
2026.
(Rudra Prakash Mishra, J)
manish/-
U T
Checking your session…