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Patna High Court

Babul Virat SinghversusThe state of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail in the case under Section 30(a) of the Bihar Prohibition and Excise Act.

Summary

The petitioner, Babul Virat Singh, was arrested as a passenger in a vehicle from which 257 litres of illicit foreign liquor and beer were seized, and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was unaware of the contraband, was not the vehicle's owner, and that the search and seizure violated Section 105 of the B.N.S.S. He was already on bail in two other cases but had been in custody since 5 March 2026. The State opposed his bail application. After hearing both sides and reviewing the records, the Court ordered that the petitioner be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties. The application for bail was therefore allowed.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the alleged violation of Section 105 of the B.N.S.S. in the search and seizure impacts the bail decision.
  • Whether the petitioner’s prior accusations and current custody affect his eligibility for bail.

Legislation cited

Subjects

  • bail
  • regular bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • search and seizure
  • Section 30(a)
  • Section 105
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27700 of 2026
                    Arising Out of PS. Case No.-39 Year-2026 Thana- NARALI KALA KHURD District-
                                                       Aurangabad
                 ======================================================
                 Babul Virat Singh S/O Late Lalit Singh Resident of Village- Jaganpura, P.S.-
                 Ram Krishna Nagar, Dist- Patna

                                                                                ... ... Petitioner/s
                                                      Versus
                 The state of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Saurav Anand, Advocate
                 For the Opposite Party/s :      Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   06-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Narari Kala Khurd P.S.

                   Case No. 39 of 2026 registered for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the allegation, a car was intercepted, two

                   persons were arrested, the one being the petitioner and from the

                   car altogether 257 of illicit foreign liquor as well as beer was

                   recovered.

                                4. Learned counsel for the petitioner has submitted

                   that the petitioner is innocent and has falsely been implicated in

                   this case. It has been submitted that petitioner was a gratuitous
           Patna High Court CR. MISC. No.27700 of 2026(2) dt.06-05-2026
                                                       2/2




                     passenger in the vehicle and was not aware that the car

                     contained the consignment of liquor and beer. It has further been

                     submitted that petitioner is not the owner of the vehicle in

                     question. Learned counsel for the petitioner has further

                     submitted that the search and seizure is in violation of Section

                     105 of B.N.S.S. and although, petitioner was earlier made

                     accused in two other cases, but he is on bail and he is in custody

                     since 05.03.2026.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for bail of the petitioner.

                                  6. Heard the parties and perused the records.

                                  7. Considering the aforesaid facts and circumstances

                     of the case, the petitioner above-named is directed to be

                     enlarged on bail on furnishing bail-bonds of Rs. 10,000/-

                     (Rupees Ten Thousand) with two sureties of the like amount

                     each to the satisfaction of learned Court concerned, Aurangabad,

                     in connection with Narari Kala Khurd P.S. Case No. 39 of 2026.

                                  8. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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