Patna High Court
Bablu Nut @ Bablu NatversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted in the present case subject to the condition that the trial court verify the petitioner’s criminal antecedent and confirm the bail if only one prior case is found.
Summary
The petitioner, Bablu Nut, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 30 litres of spirit near a railway crossing. He argued that he was not arrested at the spot, no contraband was found in his possession, and the case was based solely on secret information without proper investigation. The State opposed the bail. The Court considered the petition under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Prohibition and Excise Act and granted provisional anticipatory bail, requiring a bail bond of Rs.5,000 with two sureties. The order was made subject to verification of the petitioner’s criminal antecedent; if more than one prior case is found, the bail will not be confirmed, otherwise it will be confirmed. The decision balances the petitioner’s right to liberty with the State’s interest in effective prosecution.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act based on the facts presented.
- Whether the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S. are appropriate.
- Whether the petitioner’s criminal antecedent should affect the confirmation of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- secret information
- criminal antecedent
- Section 438 Cr.P.C.
- Section 30(a) excise offence
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21201 of 2026
Arising Out of PS. Case No.-710 Year-2025 Thana- MADHAURAH District- Saran
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Bablu Nut @ Bablu Nat S/o Mainee Nut @ Amardeep Nut R/o vill - Pakahan
Nut Toli, P.S.- Marhowrah, Distt.- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 01-04-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 30 litres of spirit from a gallon near
the railway crossing.
4. 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 the alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated based on the secret information
which is the easiest way to implicate someone without holding a
Patna High Court CR. MISC. No.21201 of 2026(2) dt.01-04-2026
2/3
proper investigation of the case. It is further submitted that once
an accused is implicated in a case relating to excise the police
start implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
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, let the petitioner, above-named, in the
event of his arrest or surrender 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 Marhowrah P.S. Case No. 710 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of more than one
case, it would be presumed that petitioner had concealed his
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.21201 of 2026(2) dt.01-04-2026
3/3
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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