Patna High Court
Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail must be granted as the alleged liquor was not recovered from the petitioners' conscious possession and the investigation did not substantiate the charge.
Summary
The petitioners, three villagers, were charged under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 120 litres of liquor from the bank of the Ganga River. They had prior excise cases but were not arrested at the spot and no liquor was found in their conscious possession; the allegation stemmed from a chowkidar’s information. The petitioners had been in custody since 19‑12‑2025 and argued that the investigation was mechanical and lacked proper evidence. The State opposed bail. The court, noting the absence of direct possession, the lack of substantive investigation, and the prolonged detention, ordered their release on bail upon furnishing a bond of Rs.55,000 with two sureties each.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the alleged offence and their prior records.
Subjects
- bail
- excise law
- Section 30(a)
- Bihar Prohibition and Excise Act
- conscious possession
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1567 of 2026
Arising Out of PS. Case No.-860 Year-2025 Thana- SONEPUR District- Saran
======================================================
1. Bablu Kumar Son of Sanjay Singh Resident of village- Baburbani, ps-
Sonepur, Dist- Saran at Chapra
2. Satyendra Rai @ Satyendra Kumar son of Badan Rai @ Rambadan Rai
Resident of village- Baburbani, ps- Sonepur, Dist- Saran at Chapra
3. Shailendra Rai @ Shailendra Kumar @ Sailendra Ray Son of Amir Rai
Resident of village- Baburbani, ps- Sonepur, Dist- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners seek bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no.1 has antecedents of seven cases out of which three
cases are under the Excise Act, petitioner no.2 has antecedents
of six cases under the Excise Act and petitioner no.3 has
antecedents of eleven cases out of which three cases are under
the Excise Act and allegation is of recovery of 120 litres of
liquor from bank of Ganga river. It is next submitted that
Patna High Court CR. MISC. No.1567 of 2026(2) dt.30-01-2026
2/2
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
petitioners but then is accessible to villagers at large and they
came to be implicated at the instance of Chowkidar based on
which subsequently the police arrested them. It is also submitted
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either at the instance
of Chowkidar, local person, confessional statement or secret
information without holding a proper investigation. It is also
submitted that the petitioners are in custody since 19.12.2025.
4. Learned A.P.P. opposes the bail application.
5. Considering the submissions made by learned
counsel for the petitioners, the petitioners, above-named, are
directed to be released on bail on furnishing bail-bonds of
Rs.55,000/- (Rupees Fifty Five Thousand) each with two
sureties of the like amount each to the satisfaction of learned 2 nd
Exclusive Special Excise Judge, Saran at Chapra in connection
with Sonpur P.S. Case No.860 of 2025.
(Satyavrat Verma, J)
Sanjay/-
U T
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