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Patna High Court

Bablu SinghversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was dismissed as not pressed.

Summary

The petitioner, Bablu Singh, applied for regular bail in a special criminal excise case under Section 30(f) of the Bihar Prohibition and Excise Act. This was his second bail application after a prior one was rejected. The trial court report indicated that only one of four witnesses had been examined and summons and bailable warrants were issued for the remaining witnesses. The petitioner, through counsel, chose not to pursue the bail application further. Consequently, the High Court dismissed the bail application as not pressed, directed the trial court to expedite the trial within six months, and allowed the petitioner to file a fresh bail application if the trial exceeds that period.

Issues considered

  • What is the appropriate disposition of a regular bail application when the applicant elects not to press the application?

Subjects

  • regular bail
  • excise offence
  • Section 30(f)
  • Bihar Prohibition and Excise Act
  • trial expeditious disposal
  • bailable warrant

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14127 of 2026
                       Arising Out of PS. Case No.-104 Year-2025 Thana- MANSI District- Khagaria
                 ======================================================
                 Bablu Singh Son of Bhim Singh, Resident of Village - Lakho, P.S.- Muffasil,
                 District – Begusarai.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjay Kumar, Advocate.
                 For the Opposite Party/s :       Ms. Shaheen Begum, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

4   24-04-2026                  1. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Spl. Cri. Case (Excise) No.1342 of 2025 arising out of Mansi P.S.

                   Case No.104 of 2025 for the offences registered under Section

                   30(f) of the Bihar Prohibition and Excise Act.

                                3. This is the second bail application filed on behalf of

                   the petitioner. Earlier the regular bail application of the petitioner

                   was rejected vide order dated 11.09.2025 passed in Cr. Misc.

                   43307 of 2025.

                                4. Vide order dated 25.02.2026, a report regarding

                   present status of case was called for and the same was sent vide

                   Letter No.89 of 2026 dated 04.04.2026 by the Special Judge

                   Excise Court-I, Khagaria.
              Patna High Court CR. MISC. No.14127 of 2026(4) dt.24-04-2026
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                                     5. As per the said report of the learned Trial Court, out

                        of four witnesses, one witness i.e. informant has already been

                        examined and for procuring the attendance of rest witnesses, the

                        summons and bailable warrants have been issued against them.

                                     6. In view of the aforesaid, learned counsel for the

                        petitioner does not want to press the present bail application.

                                     7. Accordingly, the present Cr. Misc. Application stands

                        dismissed as not pressed.

                                     8. Learned Trial Court is directed to expedite the

                        disposal of the trial of the case preferably within six months from

                        the date of passing of this order.

                                     9. Petitioner is at liberty to file fresh bail application, if

                        the trial is not concluded within the aforesaid time period.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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