Patna High Court
Bablu Kumar ThakurversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Bablu Kumar Thakur was arrested on 5 January 2026 in connection with a case involving the seizure of 384.840 litres of illicit liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended). The petitioner claimed he had a clean antecedent and was implicated merely because he was the registered owner of the vehicle from which the liquor was seized, asserting that he had sold the vehicle on 25 October 2025. The co‑accused driver had already been granted regular bail by a coordinate bench. The prosecution opposed bail, but the court considered the petitioner’s lack of prior record, the sale of the vehicle, and the precedent of bail to the co‑accused, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions regarding cooperation, presence, and non‑tampering with evidence.
Issues considered
- Whether the petitioner, as the former owner of the vehicle, is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended).
- Whether the petitioner’s clean antecedent and sale of the vehicle justify granting bail despite the seizure of illicit liquor.
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- vehicle ownership
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19416 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- MAHESHKHUNT District- Khagaria
======================================================
Bablu Kumar Thakur S/O Upendra Thakur R/at Village - Ward No. 13,
Kurmitola, Jamalpur, P.S. - Gogri, Dist.- Khagaria, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Seema Kumari, Advocate
For the Opposite Party/s : Mr. Anil Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Ms. Seema Kumari, learned counsel for the
petitioner and Mr. Anil Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.01.202 in connection with Maheshkhunt P.S. Case No. 184 of
2025, F.I.R. dated 23.12.2025 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2022
(Amended).
3. Recovery is of 384.840 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. She further submits that it
appears from the F.I.R. as well as seizure list that nothing has
been recovered from the conscious possession of the petitioner
Patna High Court CR. MISC. No.19416 of 2026(2) dt.31-03-2026
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rather the recovery has been made from the vehicle in question
and petitioner has been made accused in the present case merely
on the ground that he is owner of the vehicle in question. She
further submits that in fact, the petitioner has sold the said
vehicle through sale deed dated 25.10.2025 in favour of one
Sanno Baitha. She further submits that the co-accused, namely,
Rahish Suddin @ Rahim Uddin who was the driver of the
alleged vehicle has been granted regular bail by a Co-ordinate
Bench of this Court vide order dated 27.02.2026 passed in Cr.
Misc. No. 14745 of 2026. The petitioner is in custody since
05.01.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, he has been made
accused merely on the ground that he is owner of the vehicle in
question but in fact, he has sold the said vehicle to Sanno Baitha
on 25.10.2025 itself and the similarly situated co-accused has
been granted bail by a Co-ordinate Bench of this Court, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Incharge
Patna High Court CR. MISC. No.19416 of 2026(2) dt.31-03-2026
3/3
Special Judge Excise-II, Khagaria in connection with
Maheshkhunt P.S. Case No. 184 of 2025, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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