Created by Fuzzy Cloud

Patna High Court

Bablu SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, finding insufficient basis for arrest and questioning the legality of the seizure.

Summary

The petitioner, Bablu Singh, the owner of a motorcycle, was implicated in a case (Rasalpur P.S. Case No.152 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 14.22 litres of foreign liquor were recovered from the vehicle. The petitioner contended that he was not apprehended on the spot, that the liquor was not found in his conscious physical possession, and that the search and seizure memo lacked signatures of independent witnesses, rendering the seizure questionable. The State opposed the anticipatory bail application. The Court, noting the absence of direct possession and the procedural irregularities in the seizure, decided to grant anticipatory bail, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order directs the petitioner to surrender within six weeks to obtain release on bail.

Issues considered

  • What is the appropriateness of granting anticipatory bail when the accused is not in conscious physical possession of the seized liquor?
  • Does the lack of independent witness signatures on the search and seizure memo affect the legality of the seizure and the bail decision?

Legislation cited

Subjects

  • anticipatory bail
  • search and seizure
  • illegal seizure
  • prohibition law
  • excise
  • bail jurisprudence
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16888 of 2026
                       Arising Out of PS. Case No.-152 Year-2025 Thana- Rasalpur District- Bhagalpur
                 ======================================================
                 Bablu Singh Son of Late Mohan Singh Resident of village - Nababganj, Ward
                 No.- 1, P.S.- Manihari, District - Katihar.
                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar
                                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Sudhir Kumar Mishra, Adv.
                 For the Opposite Party/s :         Mr. Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                                    ORAL ORDER


2   25-03-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner apprehends his arrest in connection

                   with Rasalpur P.S. Case No.152 of 2025 registered for the

                   offence under Section 30(a) of the Bihar Prohibition and Excise

                   Act.

                                 3. As per prosecution case, there is recovery of 14.22

                   liters of foreign liquor from a motorcycle.

                                 4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence and he has

                   falsely been implicated in this case. Learned counsel for the

                   petitioner further submits that the petitioner was not
Patna High Court CR. MISC. No.16888 of 2026(2) dt.25-03-2026
                                            2/3




          apprehended on the spot and no recovery of liquor has been

          made from the conscious physical possession of the petitioner,

          and he has simply been implicated in the case because he

          happens to be the owner of the motorcycle. Learned counsel for

          the petitioner next submits that no independent witnesses have

          signed the search and seizure memo.

                       5. The learned APP opposes the anticipatory bail

          application.

                       6. Considering the fact that the petitioner was not

          apprehended on the spot and therefore, no recovery of liquor has

          been made from the conscious physical possession of the

          petitioner and that he has simply been implicated in the case

          because he happens to be the owner of the motorcycle and also

          given the fact that no independent witnesses have signed the

          search and seizure memo which puts a question mark on the

          legality and validity of seizure, this Court is inclined to grant

          privilege of anticipatory bail to the petitioner.

                       7. Accordingly, the petitioner above named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          anticipatory bail on his furnishing bail-bonds in the sum of

          Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like
          Patna High Court CR. MISC. No.16888 of 2026(2) dt.25-03-2026
                                                      3/3




                    amount each to the satisfaction of the learned Special Exclusive

                    Excise Judge-II, Bhagalpur in connection with Rasalpur P.S.

                    Case No.152 of 2025, subject to the conditions laid down under

                    Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.