Patna High Court
Bablu Kumar @ Bablu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Bail is granted to the petitioner.
Summary
The petitioner, Bablu Kumar, was arrested in connection with a case involving the unloading of illicit liquor and alleged violations of the Bihar Prohibition and Excise Act and the Arms Act. He has been in custody since 5 January 2026. The petitioner contended that he neither owned the vehicle nor the premises where the liquor was recovered and that his accusation was based merely on suspicion. The court examined the nature of the allegations and the petitioner’s submissions. Finding that the allegations did not warrant continued detention, the court granted bail on the condition of a Rs 10,000 bond and two sureties. The bail order was directed to be complied with before the Special Excise Judge, Saran.
Issues considered
- Whether the petitioner is entitled to bail despite charges under the Bihar Prohibition and Excise Act and the Arms Act
- Whether mere suspicion is sufficient grounds to deny bail
Legislation cited
- Arms Act — s. 25(1-B)(a), 26, 35
Subjects
- bail
- Bihar Prohibition and Excise Act
- Arms Act
- illicit liquor
- suspicion
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6658 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- GARKHA District- Saran
======================================================
Bablu Kumar @ Bablu Kumar Singh S/O Late Sudarshan Singh R/O Garkha,
P.S.- Garkha, District- Saran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Dhananjay Kumar Tiwary, Advocate
For the Opposite Party : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Garkha P.S. Case No.02 of 2026 registered for the offence under
sections 30(a), 36 and 41 of the Bihar Prohibition and Excise
Act and under sections 25(1-B)(a), 26 and 35 of the Arms Act.
3. The petitioner is said to have been involved
in unloading the illicit liquor. He is in custody since 05.01.2026.
4. Learned counsel for the petitioner submits
that the petitioner is neither the owner of the vehicle nor the
owner of the place from where illicit liquor has been recovered.
He further submits that the petitioner has been made accused in
this case only on the basis of suspicion.
5. Considering the nature of allegation levelled
against the petitioner as well as the submission of learned
Patna High Court CR. MISC. No.6658 of 2026(3) dt.26-03-2026
2/2
counsel for the petitioner, this bail application is allowed.
6. Let the petitioner, above named, be released
on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned 1st Exclusive Special Excise Judge, Saran at Chapra /
concerned Court below, in connection with Garkha P.S. Case
No.02 of 2026.
(Sandeep Kumar, J)
pawan/-
U T
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