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Patna High Court

Bablu Kumar @ Bablu SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioners, holding that the absence of possession and the reliance on secret information did not justify continued detention.

Summary

The petitioners, Bablu Kumar and Satyendra Rai, were charged under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering 170 litres of liquor and 1,000 litres of raw material from breweries near the Ganga river. They contended that they were not arrested at the spot, no liquor was found in their conscious possession, and the alleged recovery occurred on land not belonging to them, based on secret information. The petitioners also highlighted their prior criminal antecedents—seven cases for petitioner 1 and six for petitioner 2—arguing that the police mechanically implicated them. The State opposed bail, citing the antecedents and the seriousness of the offence. The Court, after considering the lack of direct possession and the manner of implication, ordered the release of both petitioners on bail with a bond of Rs.10,000 each and two sureties, pending trial.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given their antecedent records and the circumstances of the alleged offence.

Subjects

  • bail
  • excise
  • prohibition act
  • antecedent
  • secret information
  • liquor smuggling

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3773 of 2026
                       Arising Out of PS. Case No.-920 Year-2024 Thana- SONEPUR District- Saran
                 ======================================================
           1.     Bablu Kumar @ Bablu Singh Son of Sanjay Singh R/o Village - Gangajal
                  Tola, P.S. - Sonepur, Dist. - Saran at Chapra.
           2.    Satyendra Rai @ Satendra Rai Son of Rambadan Rai R/o Village - Gangajal
                 Tola, P.S. - Sonepur, Dist. - Saran at Chapra.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dewendra Narayan Singh
                 For the Opposite Party/s :       Mr. Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners seek bail in a case registered for the

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

                   Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 has antecedent of seven cases, out of which three

                   cases are under the Excise Act and petitioner no.2 has

                   antecedent of six cases under the Excise Act and allegation is of

                   recovery of 170 litres of liquor from four breweries near bank of

                   Ganga river along with 1000 litres of raw material which was

                   destroyed at the spot. It is next submitted that petitioners were
             Patna High Court CR. MISC. No.3773 of 2026(2) dt.30-01-2026
                                                         2/2




                       not arrested from the spot as such nothing was recovered from

                       their conscious possession and even alleged recovery is from a

                       place which does not belong to the petitioners and is accessible

                       to villager at large and they came to be implicated based on

                       secret information which is the easiest way to implicate

                       someone. It is also submitted that since the petitioners have

                       antecedent as such the police in a mechanical manner implicated

                       and the petitioners are in custody since 17.12.2025.

                                    4. Learned A.P.P. opposes the prayer for bail of the

                       petitioners.

                                    5. Considering the submissions made by the learned

                       counsel for the petitioners, the petitioners above-named, are

                       directed to be released on bail on furnishing bail bonds of

                       Rs.10,000/- (Rupees ten thousand) each with two sureties of the

                       like amount each to the satisfaction of the learned trial court

                       where the case is pending/successor court in connection with

                       Sonepur P.S. Case No.920/2024.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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