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Patna High Court

Sablu Kumar @ BabluversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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