Patna High Court
Bablu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner, subject to a bond and specified conditions.
Summary
The petitioner, Bablu Yadav, was arrested on 17 March 2026 in connection with a case involving alleged forgery, criminal conspiracy and illegal possession of 1,516.320 litres of foreign liquor, offences punishable under IPC Sections 467, 468, 120B read with 34 and several provisions of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that the seized liquor was recovered from a truck and not from his possession, and that his name was linked only through a co‑accused’s confessional statement, also raising a procedural defect under Section 100 of the CrPC/103 of the BNSS. The prosecution opposed bail, citing four prior criminal antecedents, though it claimed the petitioner was already on bail in the same matter. The High Court, after considering the submissions, ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of his criminal antecedents. The bail order was made without delay for verification, effectively granting the petitioner's bail application.
Issues considered
- Whether bail should be granted to the petitioner despite alleged involvement in forgery, conspiracy and liquor offences.
- Whether the procedural requirements of Section 100 CrPC/103 BNSS were complied with in the investigation.
- Whether the co‑accused’s confessional statement alone suffices to implicate the petitioner.
- Whether the fact that the seized liquor was not found in the petitioner’s possession affects the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(i), 32(ii), 41(i)
- Criminal Procedure Code — s. 100
- Indian Penal Code — s. 120B, 34, 467, 468
Subjects
- bail
- forgery
- criminal conspiracy
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedent
- Indian Penal Code
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32781 of 2026
Arising Out of PS. Case No.-21 Year-2024 Thana- KHODAWANDPUR District- Begusarai
======================================================
Bablu Yadav S/O Shankar Yadav Resident of Village- Balaha, P.S- Hasanpur,
Distt.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarbottam Kumar Sarkar, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-05-2026 Heard Mr. Sarbottam Kumar Sarkar, learned counsel
for the petitioner and Mr. Ram Anurag Singh, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.03.2026 in connection with Kodawanpur (Chhourahi) P.S.
Case No. 21/2024, F.I.R. dated 11.02.2024 for the offences
punishable under Sections 467, 468 and 120B read with Section
34 of the Indian Penal Code and Sections 30(a), 32(i), 32(ii),
41(i) of the Bihar Prohibition and Excise Act.
3. Recovery is of 1516.320 liters of Indian made
foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
present case. He further submits that it appears from the F.I.R.
Patna High Court CR. MISC. No.32781 of 2026(2) dt.08-05-2026
2/3
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery has
been made from truck in question. The name of the petitioner
has transpired on the basis of the confessional statement made
by the co-accused, namely, Laxman Kumar who has been
granted bail by the Co-ordinate bench of this Hon’ble Court
vide order dated 15.03.2024 passed in Cr. Misc. No.
20188/2024. He further submits that there is non-compliance of
Section 100 of Cr.P.C/103 of BNSS. He further submits that the
police after investigation submitted the charge sheet against the
petitioner. The petitioner is in custody since 17.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries four criminal antecedent but fairly
submits on the basis of paragraph-3 of the bail application that
the petitioner is on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
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 the learned Exclusive
Special Judge, Excise Court 1st, Begusarai in connection with
Kodawanpur (Chhourahi) P.S. Case No. 21/2024, subject to the
Patna High Court CR. MISC. No.32781 of 2026(2) dt.08-05-2026
3/3
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 absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
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)
atul/-
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