Patna High Court
Bablu Ram @ Bablu Kumar RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a cash bond, two sureties and compliance with conditions under Section 480(3) of the BNSS.
Summary
The petitioner, Bablu Ram, was arrested on 19 February 2026 for allegedly carrying 126 litres of country‑made Nepali liquor, contravening Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2016. He claimed that he was falsely implicated, that no incriminating material was found on his person, and that he had no connection with the seized liquor or the motorcycle from which it was recovered. The State argued that the petitioner is a habitual offender, citing four similar pending cases against him. The court examined the nature of the allegation, the petitioner’s custody period, and his prior bail history. Considering the circumstances, the court ordered his release on bail, requiring a bond of Rs.10,000 with two sureties and imposing conditions under Section 480(3) of the BNSS, including attendance at court dates and a relative as one bailor.
Issues considered
- What is the appropriate bail disposition for a person accused under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act, 2016?
- Does the petitioner’s alleged history of similar offenses preclude the grant of bail?
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 480(3)
Subjects
- bail
- excise prohibition
- illegal liquor
- habitual offender
- Bihar Prohibition & Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25656 of 2026
Arising Out of PS. Case No.-476 Year-2026 Thana- SITAMARHI District- Sitamarhi
======================================================
Bablu Ram @ Bablu Kumar Ram Son of Upendra Ram Residents of Village-
Begahi, P.S.- Bairgania, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Excise Prohibition P.S. Sitamarhi Case No. 476
of 2026 registered for the alleged offences under Sections 30(a)
and 32(3) of the Bihar Prohibition & Excise Act, 2016.
03. As per prosecution case, the petitioner was
apprehended carrying 126 liters of country made Nepali liquor.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from person or
possession of the petitioner. The petitioner has no concern either
with the seized liquor or the motorcycle from which the
recovery has been shown. Learned counsel further submits that
Patna High Court CR. MISC. No.25656 of 2026(2) dt.17-04-2026
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the petitioner is in custody since 19.02.2026. The petitioner is
having antecedent of four cases and is on bail in all such cases.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that the
petitioner appears to be a habitual offender and is accused in
four cases of similar nature.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and period of custody of the petitioner, he is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Excise
Court No.II, Sitamarhi/court concerned in connection with
Excise Prohibition P.S. Sitamarhi Case No. 476 of 2026, subject
to the conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
Patna High Court CR. MISC. No.25656 of 2026(2) dt.17-04-2026
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bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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