Patna High Court
Bablu Kumar @ Bablu YadavversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted provisionally, subject to verification of the petitioner’s antecedents and compliance with the conditions of Section 438(2) of the Cr.P.C.
Summary
Bablu Kumar Yadav applied for anticipatory bail in a case registered under Section 30(a) of the Excise Act for alleged recovery of 360 litres of liquor from the bank of the Soti River. He argued that he was not arrested at the spot, no liquor was found in his possession, and the alleged recovery occurred in a public area based on secret information. The State opposed the bail, citing his prior two cases under the Excise Act. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to Section 438(2) of the Cr.P.C. The order is conditional on the trial court verifying his criminal antecedents; if more than two prior cases are found, the bail will not be confirmed. The application was allowed, granting provisional anticipatory bail with the stated conditions.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC in a case punishable under Section 30(a) of the Excise Act
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- criminal antecedent
- Section 438
- bail bond
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1544 of 2026
Arising Out of PS. Case No.-217 Year-2025 Thana- YADOPUR District- Gopalganj
======================================================
Bablu Kumar @ Bablu Yadav S/o Yogendra Yadav R/o Village - Patahara, P.S
- Jadopur, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Priya Raj
For the Opposite Party/s : Mr.Mohammad Sufyan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of two cases under the Excise Act
and allegation is of recovery of 360 litres of liquor from bank of
Soti river.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
and is accessible to public at large and he came to be implicated
Patna High Court CR. MISC. No.1544 of 2026(2) dt.21-01-2026
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based on secret information, which is the easiest way to
implicate someone. It is next submitted that police in majority
of cases implicating innocent persons either at the behest of
Chaukidar, local person, secret information and confessional
statement in a mechanical manner without holding a proper
investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.10,000/- (Rupees Ten 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 Jadopur P. S. Case No.217 of 2025, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.1544 of 2026(2) dt.21-01-2026
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found that petitioner has antecedent of more than two cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of two cases only, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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