Patna High Court
Babloo Kumar @ Babloo KoraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioners.
Summary
The petitioners, Babloo Kumar and Rahul Kumar, were arrested in connection with a case under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act after 65 litres of liquor was recovered from a motorcycle they owned. They claimed innocence, arguing that no incriminating material was found on them and that they were falsely implicated, with no prior criminal record. The State opposed bail, but the court noted the petitioners’ clean antecedents, the length of their custody since 18‑12‑2025, and the lack of compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023. Considering these factors, the court decided to grant bail. Each petitioner was ordered to furnish a bail bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act in view of the facts and the provisions of Section 103 of the BNSS, 2023
Legislation cited
- Bihar Narcotic Substances (Suppression) Act, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a), 32
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 32
- clean antecedent
- Section 103 BNSS 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4495 of 2026
Arising Out of PS. Case No.-204 Year-2025 Thana- PIRI BAZAR District- Lakhisarai
======================================================
1. Babloo Kumar @ Babloo Kora S/O Batoran Kora R/o village - Bariyarpur
Korasi, P.S - Piri Bazar, Dist. - Lakhisarai
2. Rahul Kumar S/O Daso Kora R/O Vill.- Mankothiya, P.S.- Ladaiyatar, Dist.-
Munger.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, 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 Piri
Bazar PS Case No. 204 of 2025 instituted for the offences under
Section/s 30(a) & 32 of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 65 liters
liquor was recovered from motorcycle.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.4495 of 2026(2) dt.27-01-2026
2/2
submitted that petitioner No.1 is the owner of the motorcycle in
question and petitioners were implicated by the police party on
extraneous consideration. The petitioners are in custody since
18.12.2025 and have got no criminal antecedent/s. There is no
compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. 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, clean antecedent of the petitioners and the period of
custody undergone by the petitioners, this Court is inclined to
grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Piri Bazar PS Case
No. 204 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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