Patna High Court

Babloo KumarversusThe State of Bihar

Decided: 12 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail should be granted to the petitioners despite the charge under Section 30(a), subject to reasonable conditions.

Summary

Babloo Kumar and Manjit Kumar were arrested after 224.640 litres of liquor were seized from a pick‑up vehicle and were charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioners contended that they were merely the driver and a passenger, had no knowledge of the contraband, and that the vehicle did not belong to them; no incriminating material was found on their persons and they had no prior criminal record. The State opposed bail, arguing the seriousness of the offence. The Court noted the petitioners' clean antecedents, lack of direct possession, and the short period of custody, and observed that Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023 had not been complied with. Consequently, the Court granted bail to both petitioners on a cash bond of Rs.15,000 each with two sureties, subject to conditions of family surety, regular appearance, and possible cancellation on default.

Issues considered

Whether bail should be granted to accused persons charged under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of direct possession and prior record.
Whether non‑compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023, precludes the grant of bail.

Subjects

bail
excise offence
Section 30(a)
Bihar Prohibition and Excise Act
Section 103
clean antecedent
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9103 of 2026
                    Arising Out of PS. Case No.-416 Year-2025 Thana- Excise Arwal District- Jehanabad
                 ======================================================
           1.     Babloo Kumar S/O Sri Vijay Ram R/O Village- Anaith Aara, P.S- Nawada,
                  Distt.- Bhojpur.
           2.    Manjit Kumar S/O Sham Kishor God R/O Village- Dharahara Aara, P.S-
                 Nagar, Distt.- Bhojpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs.Sonam Kumari, Advocate
                 For the Opposite Party/s :        Mr.Parmanand Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-02-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                               2. The petitioners seek bail in Excise Arwal P.S. case

                   No. 416 of 2025 instituted for the offences under Section 30(a)

                   of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 224.640 liters

                   liquor was recovered from pick-up vehicle and the petitioners

                   were arrested on spot.

                               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
Patna High Court CR. MISC. No.9103 of 2026(2) dt.12-02-2026
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          have got no concern with the alleged recovery of liquor. It is

          further submitted that vehicle in question does not belong to the

          petitioners. The petitioner No. 1 was driver and petitioner No. 2

          was sitting in the vehicle and they had no knowledge regarding

          the nature of goods kept in vehicle. The petitioners are            in

          custody since 24.12.2025 and have got no criminal antecedent.

          There is no compliance of Section 103 of B.N.S.S., 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                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 Excise Arwal P.S.

          case No. 416 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioners.

                       (II) The petitioners shall appear on each and every

          date fixed at the trial. In case of default in such appearance on
           Patna High Court CR. MISC. No.9103 of 2026(2) dt.12-02-2026
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                     two consecutive dates, the Trial Court will have liberty to cancel

                     the bail bonds of the petitioners.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T

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