Patna High Court
Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner.
Summary
The petitioner, Bablu Kumar, was arrested in connection with a case alleging possession of 324 litres of liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no liquor was found in his conscious possession, and that he had no prior criminal record. He also argued that the requirements of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, were not complied with. The State opposed the bail application. Considering the lack of incriminating evidence, the petitioner’s clean record, and the procedural lapse, the Court decided to grant bail, directing the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, have been complied with.
- Whether the petitioner is lawfully implicated in the alleged liquor possession offence.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarika Suraksha Sanhita
- Section 103
- excise offence
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13874 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- RATANPUR District- Supaul
======================================================
Bablu Kumar S/o Bindeshwari Yadav R/o Village - Sitapur, Ward No. 01, P.S
- Karjain, District - Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhuweneswar Sahu, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Ratanpura P.S. Case No. 4 of 2026, ST Excise Case No. 336 of
2026 instituted for the offences punishable under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 324 litres
of liquor was recovered from car.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.13874 of 2026(2) dt.26-02-2026
2/2
question or the alleged recovery of liquor. The petitioner is in
custody since 12.01.2026 and has no criminal antecedent. There
is no compliance of Section 103 of the Bharatiya Nagarika
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. 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 Ratanpura P.S. Case
No. 4 of 2026, ST Excise Case No. 336 of 2026.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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