Bablu Kumar @ Bablu Kumar SahversusThe state of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38432 of 2026
                        Arising Out of PS. Case No.-271 Year-2021 Thana- JOGBANI District- Araria
                 ======================================================
                 Bablu Kumar @ Bablu Kumar Sah S/O Mahendra Sah @ Mahendra Soni
                 Resident Of Village - Khajurbari , Ward No.- 15 Police Station - Jogbani,
                 District - Araria

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The state of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ramesh Kumar Singh, Advocate
                 For the Opposite Party/s :        Mrs. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   19-06-2026                    Heard Mr. Ramesh Kumar Singh, learned counsel

                   for the petitioner and Mrs. Veena Kumari Jaiswal, learned APP

                   for the State.

                                2. Petitioner seeks bail, who is in custody since

                   19.04.2026, in connection with Jogbani P.S. Case No. 271 of

                   2021, F.I.R. dated 01.12.2021                 registered for the offences

                   punishable under Section 30(a) of Bihar Prohibition & Excise

                   Act, 2016.

                                3. Recovery is of 59.00 litres of Codeine contain

                   Dialex DC Cough Syrup.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. He further submits that initially the petitioner was
Patna High Court CR. MISC. No.38432 of 2026(2) dt.19-06-2026
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          not named in the F.I.R. and the name of the petitioner has been

          transpired during investigation on the basis that one motorcycle

          was recovered from the place of occurrence and petitioner

          happens to be the owner of the motorcycle in question and

          except the aforesaid, nothing cogent material has come during

          investigation to suggest the involvement of the petitioner in the

          present occurrence. He further submits that co-accused person

          namely, Niraj Kumar Sah has been granted bail by this Court

          vide order dated 10.05.2022 passed in Cr. Misc. No. 278 of

          2022. He further submits that the police after investigation

          submitted chargesheet against the petitioner and the petitioner

          is in custody since 19.04.2026.

                       5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for          bail of the

          petitioner and submits that the petitioner carries one more case

          other than the present one but fairly submits on the basis of

          paragraph-3 of the bail petition that the petitioner is on bail in

          the pending matter.

                       6. Considering the facts and circumstances of the

          case, let the petitioner, above named, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

          with two sureties of the like amount each to the satisfaction of
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                         learned Exclusive Special Judge Excise-II, Araria in connection

                         with Jogbani P.S. Case No. 271 of 2021,                 subject to the

                         following conditions :-

                                      (1) 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.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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.



Ibrar//-                                                               (Rajesh Kumar Verma, J)

U          T