Created by Fuzzy Cloud

Patna High Court

Bablu SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner with a bond of Rs.10,000 and two sureties, subject to specified conditions.

Summary

Bablu Singh was arrested on 10 January 2026 in connection with an FIR under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for the alleged seizure of 876 litres of foreign liquor. The seizure was made from the house and a car belonging to a co‑accused, not from the petitioner's conscious possession, and the petitioner argued that the investigation had only linked his name through the co‑accused’s disclosure. The State opposed bail, noting five other similar cases pending against the petitioner, though he was already on bail in those matters. The Court considered the lack of direct possession, the non‑compliance with Section 103 of the BNSS, 2023, and the petitioner’s pending cases, and decided to grant bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to the Special Judge, Excise Act‑I, Darbhanga.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 given the circumstances of seizure and lack of conscious possession.
  • Whether non‑compliance with Section 103 of the BNSS, 2023 bars the grant of bail.
  • Whether the existence of five other pending cases of similar nature affects the bail application.

Legislation cited

Subjects

  • bail
  • excise law
  • foreign liquor
  • Section 30(a)
  • seizure
  • non‑possession
  • criminal antecedent
  • conditions of bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20500 of 2026
                      Arising Out of PS. Case No.-20 Year-2026 Thana- Excise P.S. District- Darbhanga
                 ======================================================
                 Bablu Singh S/o Jasbir Singh R/o Vill- Belwaganj, Ward No. 42, P.S.-
                 Laheriasarai, Distt- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms. Shambhawi, Advocate
                                          :         Ms.Mili Kumari, Advocate
                 For the Opposite Party/s :         Mr.Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   26-03-2026                   Heard Ms. Shambhawi, learned counsel for the

                   petitioner and Mr.Md. Iftekhar Mahmood, learned A.P.P. for

                   the State.

                                 2. The petitioner seeks bail, who is in custody since

                   10.01.2026 in connection with Excise Sadar P.S. Case No. 20

                   of 2026, F.I.R. dated 09.01.2026 registered for the offence

                   punishable under Section 30(a) of Bihar Prohibition and Excise

                   Act, 2016.

                                 3. Recovery is of 876 liters of foreign liquor.

                                 4. Learned counsel appearing for the petitioner

                   submits that it appears from the seizure list that nothing has

                   been recovered from conscious possession of the petitioner

                   rather the recovery has been made from the house and Duster
Patna High Court CR. MISC. No.20500 of 2026(2) dt.26-03-2026
                                            2/3




          Car of co-accused person, namely, Amit Thakur and on the

          basis of disclosure made by the co-accused person, the name of

          the petitioner has been transpired during investigation in the

          present case. Further submits that there is non-compliance of

          Section 103 of BNSS, 2023 and the petitioner is in custody

          since 10.01.2026.

                       5. Learned APP for the State has opposed the prayer

          for bail of the petitioner and submits that the petitioner carries

          five more cases other than the present one of similar nature but

          he fairly submits that the petitioner is on bail in all the cases, as

          mentioned in para-3 of the bail petition.

                       6. Considering the aforesaid fact, 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 learned Special Judge, Excise Act-I,

          Darbhanga in connection with Excise Sadar P.S. Case No. 20 of

          2026, with 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/her absence on two consecutive dates without sufficient

          reason, his/her bail bond shall be cancelled by the Court below.
               Patna High Court CR. MISC. No.20500 of 2026(2) dt.26-03-2026
                                                           3/3




                                      (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)
Nitesh/-

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.