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Patna High Court

Bablu Ray @ Bablu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of his criminal antecedent.

Summary

Bablu Ray sought anticipatory bail after learning that he might be arrested in a case under Sections 274, 275 and 111 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Excise Act. The petitioner has five prior criminal cases, four of which relate to excise offences, and the present allegation stems from the recovery of liquor and mahua jaggery solution from a kiln, though nothing was seized from his immediate possession. The prosecution’s case relies mainly on a confessional statement made by a co‑accused, Vijay, while the petitioner contends that such a statement lacks evidentiary value and that the police investigation was mechanically driven. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 25,000 with two sureties and conditioned the order on verification of the petitioner’s criminal antecedent, stating that if more than five prior cases are found, the bail would not be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in excise‑related offences where the primary evidence is a confessional statement made in police custody.
  • Whether the petitioner’s prior criminal antecedent exceeding five cases bars the grant of anticipatory bail.
  • Whether the police investigation, allegedly based on mechanical implication, satisfies the requirements for proceeding against the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • excise offences
  • confessional statement
  • criminal antecedent
  • police investigation
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18824 of 2026
                  Arising Out of PS. Case No.-572 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Bablu Ray @ Bablu Kumar Son of Late Lalu Rai Resident of village - Sarha,
                 Ps- Muffasil, Dist- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Mrityunjay Kumar Tiwary, Advocate
                 For the Opposite Party/s :      Ms. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   25-03-2026                  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 Sections 274, 275

                   and 111 of the BNS, 2023 read with Section 30(a) of the Bihar

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of five cases out of which four cases

                   are under the Excise Act and allegation is of recovery of 1220

                   liters of liquor from a kiln belonging to four different persons

                   out of which 340 liters of liquor is alleged to have been

                   recovered from the kiln of petitioner along with 6000 liters of

                   Mahua jaggery solution which was destroyed.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.18824 of 2026(2) dt.25-03-2026
                                            2/3




          petitioner was not apprehended 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 he came to be implicated based on confessional statement of

          Vijay in police custody which does not have any evidentiary

          value. 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.

          25,000/- (Rupees Twenty 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 Chapra Muffasil P.S. Case No. 572 of 2025 subject to the

          conditions as laid down under Section 482 (2) of the BNSS.
            Patna High Court CR. MISC. No.18824 of 2026(2) dt.25-03-2026
                                                        3/3




                                   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 five 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 five

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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