Patna High Court
Babul Virat SinghversusThe state of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 105
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
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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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