Patna High Court
Babbu Kumar @ Babbu SahniversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Babbu Kumar, sought anticipatory bail after learning of a pending case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 521.25 litres of liquor from a third party's house. He argued that he was not arrested at the scene, had no possession of the liquor, and had no relationship with the alleged offender, contending that the complaint was motivated by an inimical relationship with the informant. The State opposed the bail, asserting the seriousness of the offence. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed verification of the petitioner’s criminal antecedents. The court stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed promptly.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case under Section 30(a) of the Bihar Excise Act
- Whether the petitioner’s alleged lack of possession and relationship to the alleged offence warrants bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15317 of 2026
Arising Out of PS. Case No.-55 Year-2026 Thana- GORAUL District- Vaishali
======================================================
Babbu Kumar @ Babbu Sahni Son of Rajgir Sahni Residen of Village-
Rusulpur Daud, Ps- Goraul (kathara), Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hemant Kumar
For the Opposite Party/s : Mr.Jai Narain Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 521.25 litres of liquor from the
house of Deepak.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and he has no concern or relation with Deepak and he came to
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be implicated at the instance of Chowkidar with whom he is on
an inimical term. It is next submitted that if the Chowkidar was
aware about the involvement of the petitioner in the occurrence,
then why he did not inform the police prior to institution of the
instant FIR, which casts an aspersion on the case of the
prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the event
of his arrest or surrender before the learned trial court within a
period of six weeks from today, be released on Provisional
anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees
Five Thousand) with two sureties of the like amount each to the
satisfaction of the learned trial court where the case is
pending/successor court in connection with Goraul (Kathara O.P)
P.S. Case No. 55 of 2026, subject to the conditions as laid down
under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of more than one
case then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed his antecedent before this
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Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner has
antecedent of one case in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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