Patna High Court
Bablu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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