Patna High Court
Babloo SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is denied.
Summary
The petitioner, Babloo Singh, sought anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging possession of 4.320 litres of illicit liquor. The prosecution alleged that the liquor was recovered from a public place and that the petitioner was identified through secret information, not from the scene. The petitioner argued that no liquor was found in his conscious possession and that the recovery was from an open area, asserting his innocence. The State opposed bail, highlighting the petitioner’s two pending criminal cases, one of which also relates to the Excise Act. The High Court, considering the facts and the petitioner’s criminal antecedents, refused anticipatory bail but directed that if the petitioner surrenders within four weeks, the trial court should decide his bail application on the merits on the same day.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- illicit liquor
- Section 30
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22680 of 2026
Arising Out of PS. Case No.-2 Year-2026 Thana- AMNAUR District- Saran
======================================================
Babloo Singh S/o Nawal Kishor Singh R/o Village - Parshurampur
(Parasrampur), P.S - Amnour, District - 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. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner is apprehending arrest in connection
with Amnour P.S. Case No. 2 of 2026 lodged on 01.01.2026, for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022, pending in the
Court of Additional Sessions Judge cum Exclusive Special
Court, Excise Act-I, Saran at Chapra.
3. As per the prosecution, FIR has been lodged against
the sole petitioner. Total recovery of 4.320 litres of illicit liquor
has been made, which is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.22680 of 2026(2) dt.16-04-2026
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petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
possession of the petitioner and the said recovery has been made
from an open place which is accessible to the public. Counsel
submits that the petitioner was not apprehended from the place
of occurrence and his name has figured in this case only on the
basis of secret information. Counsel further submits that the
criminal antecedent of the petitioner is not clean as there are two
cases pending against him and in both the cases, he is on bail.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that criminal antecedent of the
petitioner is not clean as there are two cases pending against
him in which, one of the case is related to Excise Act and this
aspect must be taken into consideration.
6. As such, in the present facts and circumstances, this
Court is not inclined to grant bail to the petitioner. Accordingly,
the prayer for anticipatory bail of the petitioner stands rejected.
7. However, if petitioner surrenders before the
concerned Trial Court within a period of 4 weeks from today
then in that case, the Trial Court is directed to pass order on his
surrender-cum-bail application on the same day, without being
prejudice that the anticipatory bail of the petitioner has been
Patna High Court CR. MISC. No.22680 of 2026(2) dt.16-04-2026
3/3
rejected by this Court and the Trial Court shall pass order on the
merit of this case.
(Dr. Anshuman, J)
Divyansh/-
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