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Patna High Court

Bablu Nut @ Bablu NatversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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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