Patna High Court
Bablu Shrivastava @ Amitabh SrivastavaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s criminal antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Bablu Shrivastava, sought anticipatory bail after learning of a case registered under Section 30(a) of the Bihar Excise Act alleging recovery of 15 litres of liquor from a motorcycle. He argued that he was not apprehended on the spot, no liquor was found in his possession, he is not the owner of the seized motorcycle, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail, citing his prior criminal antecedent of three cases, two of which are under the Excise Act. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 with two sureties and directed verification of his antecedent; if more than three prior cases are found, the bail would not be confirmed. Upon verification that his antecedent does not exceed three cases, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act given the facts.
- Whether the absence of seizure from the accused's possession and non-disclosure of the informant affect the grant of anticipatory bail.
- Whether the petitioner’s prior criminal antecedent (more than three cases) warrants denial of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- Section 30(a)
- criminal antecedent
- bail conditions
- secret informant
- seizure
- motorcycle
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15648 of 2026
Arising Out of PS. Case No.-760 Year-2025 Thana- CHAPRA TOWN District- Saran
======================================================
Bablu Shrivastava @ Amitabh Srivastava Son of Shyam Sundar Prasad @
Shyam Sunder Shrivastava Resident of Village- Roopganj Mathiya, P.S.-
Nagar/ Town (Chapra Town), District- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr. Surendra Prasad Singh, APP
======================================================
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
petitioner has antecedent of three cases out of which two cases
are under the Excise Act and allegation is of recovery of 15
liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and is not the
owner of the seized motorcycle and he came to be implicated at
Patna High Court CR. MISC. No.15648 of 2026(2) dt.16-03-2026
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the instance of local person, but then the name of the person
who disclosed the name of the petitioner is not disclosed in the
FIR which casts an aspersion on the case of the prosecution,
when petitioner has not been implicated based on secret
information. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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.
15,000/- (Rupees Fifteen 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 Chapra
Town P.S. Case No. 760 of 2025 subject to the conditions as laid
down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
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Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than three cases then it would be presumed that petitioner, for
the purposes of seeking anticipatory bail, had concealed his
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of three
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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