Patna High Court
Bablu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Bablu Yadav, was arrested on 20 March 2026 in connection with a case alleging that 87.5 litres of foreign liquor without a registration number was recovered from an e‑rickshaw he was driving. The prosecution alleged violation of Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. The petitioner argued that he had no prior criminal record and that the liquor was not found in his conscious possession, only in the vehicle. The Additional Public Prosecutor opposed bail. The court, noting the clean antecedent and lack of direct possession, granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the Special Excise Court‑I, Jamui.
Issues considered
- Whether bail should be granted to the petitioner under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s lack of conscious possession and clean antecedent justify bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32
Subjects
- bail
- prohibition
- excise
- foreign liquor
- possession
- clean antecedent
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32786 of 2026
Arising Out of PS. Case No.-106 Year-2026 Thana- KHAIRA District- Jamui
======================================================
Bablu Yadav S/o Late Baleshwar Yadav R/o Village - Dumarkola, P.S -
Khaira, District - Jamui
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Madan Mohan
For the Opposite Party/s : Ms. Indu Kumari Srivastava
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Mr. Madan Mohan, learned counsel for the
petitioner and Ms. Indu Kumari Srivastava, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
20.03.2026 in connection with Khaira P.S. Case No. 106 of
2026 for the offences punishable under Sections 30(a) and 32 of
the Bihar Prohibition and Excise Act.
3. The case of the prosecution, in brief, is that the
allegation against the petitioner is that 87.5 litres foreign liquor
has been recovered from E-rickshaw without Reg. Number,
which was transported driven by the petitioner Bablu Yadav.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and it appears from the FIR and
seizure list that nothing has been recovered from the conscious
Patna High Court CR. MISC. No.32786 of 2026(2) dt.13-05-2026
2/3
possession of the petitioner rather the recovery has been made
from the E-rickshaw in question and the recovery is of 87.5
litres of foreign liquor and petitioner is in custody since
20.03.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and that petitioner has clean antecedent and nothing has been
recovered from the conscious possession of the petitioner, 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 Excise Court-I, Jamui in connection with Khaira P.S.
Case No. 106 of 2026, subject to the 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.
Patna High Court CR. MISC. No.32786 of 2026(2) dt.13-05-2026
3/3
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)
Gaurav Sinha/-
U T
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