Patna High Court
Bablu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS, 2023 — s. 103
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
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