Patna High Court

Dablu Kumar @ Dablu Kumar Gupta @ Dablu Prasad Gupta @ Dablu SawversusThe State of Bihar

Decided: 23 March 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

Bail is granted to the petitioner subject to a bond of Rs.10,000 with two sureties and conditions of cooperation and non‑repetition of the offence.

Summary

The petitioner, Dablu Kumar, sought bail in a case (PS Dehri Muffasil Case No. 127 of 2023) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, wherein 63.45 litres of illicit foreign liquor were seized from a bolero vehicle. The petitioner claimed he was falsely implicated, not apprehended at the time of seizure, and that nothing was recovered from his possession, while he had been in judicial custody since 18‑11‑2025. The State opposed bail, highlighting five prior similar offences against the petitioner. After hearing both sides, the Court considered the facts, the petitioner’s claim of innocence, and the need to ensure cooperation with trial, and decided to grant bail on condition of a Rs.10,000 bond with two sureties and a promise not to repeat such offences. The bail order was directed to be executed by the Exclusive Special Judge of the Excise Court No.1, Rohtas.

Issues considered

Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the alleged involvement and prior criminal antecedents.

Subjects

bail
prohibition law
excise
illicit liquor
criminal antecedent
Section 30(a)
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17321 of 2026
                     Arising Out of PS. Case No.-127 Year-2023 Thana- Dehri Mufassil District- Rohtas
                 ======================================================
                 Dablu Kumar @ Dablu Kumar Gupta @ Dablu Prasad Gupta @ Dablu Saw
                 S/O Late Bhola Saw Resident of vill-Khendra Khurd , P.S- Chhatarpur Dist-
                 Palamu Jharkhand

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Adarsh Singh, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   23-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Dehir Muffasil P.S. Case No. 127 of 2023 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   bolero vehicle, altogether 63.45 liters of illicit country made

                   foreign liquor was recovered.

                                4. Learned counsel appearing on behalf of the

                   petitioner has submitted that petitioner is innocent and has

                   committed no offence. He has been falsely implicated in this

                   case. He also submits that the recovery was made from a bolero
           Patna High Court CR. MISC. No.17321 of 2026(2) dt.23-03-2026
                                                       2/2




                     vehicle. The petitioner was not apprehended. He further submits

                     that the apprehended person has disclosed the name of the

                     petitioner. Nothing has been recovered from the possession of

                     the petitioner. He further submits that the petitioner is

                     languishing in judicial custody since 18.11.2025.

                                  5. The application for bail is opposed by learned APP

                     for the State and submits that the petitioner is having criminal

                     antecedent of five cases of similar nature.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail with the condition

                     that the petitioner shall cooperate in the trial and shall not

                     indulge himself in similar nature of offences in future. The

                     above named petitioner is directed to be enlarged on bail on

                     furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)

                     with two sureties of the like amount each to the satisfaction of

                     the learned Exclusive Special Judge, Excise Court No.1, Rohtas

                     at Sasaram in connection with Dehri Muffasil P.S. Case No. 127

                     of 2023.


                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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