Patna High Court
Babloo MiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to both petitioners subject to monetary bond and conditions of appearance.
Summary
The petitioners, Babloo Miya and Shahil Ahmed, were arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 846.720 litres of liquor in a Bolero pickup. They contended that they were falsely implicated, that no incriminating article was found in their possession, that they were not owners of the vehicle (Babloo was the driver and Shahil neither owner nor driver), and that there was no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of direct evidence, the petitioners' clean record, and the period of custody already served, the Court granted bail to both, imposing a bond of Rs.15,000 with two sureties each and specific conditions for appearance. The order released Babloo Miya on bail after framing of charge and Shahil Ahmed on bail on similar terms.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- vehicle driver
- ownership
- Section 103
- Bharatiya Nagarika Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3890 of 2026
Arising Out of PS. Case No.-435 Year-2025 Thana- Excise P.S. District- Darbhanga
======================================================
1. Babloo Miya S/o- Qaish Miya Village - Sapaha Fazilnagar P.S.- Turkpatti
Dist.- Kushinagar UP
2. Shahil Ahmed S/o- Amruddin Ahmad R/v- Chapia, W.no-24, Ps- Town Dist-
Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate
For the Opposite Party/s : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in connection with Sadar
Excise P.S. Case No. 435 of 2025 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 846.720
litres of liquor was recovered from Bolero pickup.
4. Learned counsel for the petitioners submitted that
the petitioners have falsely been implicated in the present case.
No incriminating article has been recovered from the conscious
possession of the petitioners. Learned counsel further submitted
Patna High Court CR. MISC. No.3890 of 2026(2) dt.27-01-2026
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that petitioners are not the owner of the vehicle. It is further
submitted that petitioner no. 1 is the driver of the vehicle in
question whereas petitioner no.2 is neither owner nor driver and
both the petitioners have got no concern with the loaded
articles/liquor. The petitioners are in custody since 05.11.2025
and have no criminal antecedent. There is no compliance of
Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of
the case and the period of custody undergone by the petitioners,
this Court is inclined to grant bail to the petitioners.
7. Let the petitioner no. 1 be released on bail, after
framing of charge, if not already framed, on furnishing bail
bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sadar Excise P.S.
Case No. 435 of 2025, subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner no.1.
(II) The petitioner no. 1 shall appear on each and
every date fixed at the trial. In case of default in such
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appearance on two consecutive dates, the Trial Court will have
liberty to cancel the bail bonds of the petitioner no.1.
8. Let the petitioner no. 2 be released on bail on
furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand)
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Sadar Excise
P.S. Case No. 435 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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