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Patna High Court

Bablu kumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner as no incriminating article was recovered from his possession.

Summary

The petitioner, Bablu Kumar, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 255 litres of illicit country-made liquor recovered from an open place. No liquor or any incriminating article was found in his personal possession, and he was arrested on 10‑12‑2025 with charges framed on 13‑03‑2026. He filed a bail petition asserting innocence and claiming false implication based on a local chowkidar's statement. The State opposed the bail, but the court considered the absence of any seized article from the petitioner and the length of his custody. Consequently, the court granted bail on a bond of Rs.10,000 with two sureties, ordering his release.

Issues considered

  • Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act when no incriminating article has been recovered from his possession.

Subjects

  • bail
  • illicit liquor
  • prohibition law
  • Section 30(a)
  • criminal procedure
  • excise
  • custody
  • no incriminating article

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.3215 of 2026
                        Arising Out of PS. Case No.-151 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
                 Bablu kumar Son of Sanjay Singh R/o Village - Gangajal Tola, P.S. - Sonpur,
                 Dist. - Saran at Chapra.

                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Dewendra Narayan Singh, Advocate
                 For the State            :        Md. Nazir Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   01-05-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. As per prosecution case, 255 liters of illicit country

                   made liquor was recovered from an open place.

                                4. It is submitted by learned counsel for the petitioner

                   that petitioner is quite innocent and has committed no offence.

                   No incriminating article has been recovered from conscious

                   possession of this petitioner and he has falsely been implicated

                   in this case merely on the basis of disclosure made by local

                   Chowkidar. The alleged illicit liquor has been recovered from
             Patna High Court CR. MISC. No.3215 of 2026(4) dt.01-05-2026
                                                         2/2




                       an open place, which is accessible to one and all. Moreover,

                       charges have already been framed against the petitioner on

                       13.03.2026 and he is in custody since 10.12.2025.

                                    5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of bail to the petitioner.

                                    6. Considering the facts and circumstances of the

                       case, fact that no incriminating article has been recovered from

                       possession of this petitioner and period of custody, the prayer

                       for grant of bail to the petitioner is allowed.

                                    7. Accordingly, let the above named petitioner 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 2nd Exclusive Special Excise Judge, Saran

                       at Chapra in connection with Sonepur P.S. Case No. 151 of

                       2025.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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