Patna High Court

Bablu Kumar @ Lichi @ Bablu ChaudhariversusThe State of Bihar

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

Holding

The court granted bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Bablu Kumar, was arrested after 100 liters of liquor were recovered from his joint family house in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that no incriminating material was found on his person and that the liquor was recovered from a shared residence. The State opposed bail, while the petitioner’s counsel highlighted his two prior criminal antecedents, his custody since January 3, 2026, and alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court considered the length of custody, the lack of direct possession evidence, and the petitioner’s willingness to furnish bail bonds. It concluded that bail was appropriate under the circumstances. Accordingly, the court ordered his release on bail with specified surety and conditions.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes bail.
Whether the presence of prior criminal antecedents and the fact that liquor was recovered from a joint house affect the bail decision.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
Section 30(a)
Section 103
Bihar
criminal procedure
joint residence
possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9659 of 2026
                        Arising Out of PS. Case No.-10 Year-2026 Thana- SONEPUR District- Saran
                 ======================================================
                 Bablu Kumar @ Lichi @ Bablu Chaudhari S/o Late Sitaram Chaudhary @
                 Late Sitaram Chaurdhari R/o Village - Gola Bajar, Parveja Nahar, P.S -
                 Sonepur, District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Mili Kumari, Advocate
                 For the Opposite Party/s :       Mrs. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

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

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Sonepur P.S. Case No. 10 of 2026, 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 178

                   liters liquor was recovered out of which 100 liters liquor was

                   recovered from the house of petitioner and he was arrested on

                   spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.9659 of 2026(2) dt.12-02-2026
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          the conscious possession of the petitioner. The petitioner has got

          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submitted that the alleged recovery has

          been made from the joint house of the petitioner where other

          family members also reside. The petitioner is in custody since

          03.01.2026 and has got two criminal antecedents in which he is

          on bail. There is no compliance of Section 103 of the Bharatiya

          Nagarik Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner 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 Sonepur P.S. Case

          No. 10 of 2026, subject to the following conditions:

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

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.9659 of 2026(2) dt.12-02-2026
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                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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