Patna High Court
Sablu Kumar @ BabluversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted anticipatory bail to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Sablu Kumar sought anticipatory bail after learning that he might be arrested in a case (Hisua P.S. Case No. 734 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 145 litres of liquor from a tempo. The prosecution’s case rests on a confessional statement of co‑accused Vikram Kumar, which the petitioner’s counsel argued is not admissible evidence and that the petitioner was neither the owner nor the driver of the tempo. The petitioner also highlighted that no prima facie case exists against him despite two prior criminal antecedents, and that the earlier bail granted to a co‑accused was not in compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail. The Court, considering the lack of substantive evidence and procedural lapses, granted anticipatory bail subject to a bond of Rs.15,000 and two sureties, with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the present circumstances.
- Whether the confessional statement of co‑accused Vikram Kumar is sufficient to constitute a prima facie case against the petitioner.
- Whether the requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023 have been complied with.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- confessional statement
- Section 103
- Section 482
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15459 of 2026
Arising Out of PS. Case No.-734 Year-2025 Thana- HISUWA District- Nawada
======================================================
Sablu Kumar @ Bablu S/O Kapil Yadav Resident of Village- Rajbigha, P.S.-
Hisua, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Nityanand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-03-2026 Heard Mr. Man Mohan Kumar, learned counsel
for the petitioner and Mr. Nityanand Tiwary, learned APP for the
State.
2. The petitioner apprehends arrest in connection with
Hisua P.S. Case No. 734 of 2025, registered under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 145 liters
liquor was recovered from tempo.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner has got no concern with the alleged
recovery of liquor. Learned counsel for the petitioner also
submits that the petitioner is neither owner nor driver of the
tempo in question. Name of the petitioner has transpired in this
case on the basis of confessional statement made by co-accused,
namely, Vikram Kumar and the same has got no evidentiary
Patna High Court CR. MISC. No.15459 of 2026(2) dt.12-03-2026
2/2
value. Learned counsel for the petitioner, therefore, contends
that prima-facie, no case is made out against the petitioner. The
petitioner has got two criminal antecedents. Learned counsel for
the petitioner further submits that other co-accused has been
granted regular bail by this Court vide order dated 27.01.2026
passed in Cr. Misc. No. 4234 of 2026. There is no compliance of
Section 103 of the Bharatiya Nagarik 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,
let the petitioner, above named in the event of arrest/surrender
before the learned Court below within a period of six weeks
from today, be released on anticipatory 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 Hisua P.S. Case No.
734 of 2025, subject to the conditions as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
Checking your session…