Patna High Court
Bablu Singh @ Avinash SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond and sureties.
Summary
The petitioner, Bablu Singh, was implicated in a case alleging possession of 100 litres of illicit country-made liquor recovered from an open public place, based on secret information. The prosecution alleged an offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, but no incriminating article was found in the petitioner's possession and the recovery site did not belong to him. The petitioner, who has two prior criminal antecedents, sought anticipatory bail, asserting innocence and lack of involvement. The Court considered that the open nature of the recovery site and absence of any seized material from the petitioner mitigated the risk of his arrest. Consequently, the Court granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
Legislation cited
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Amendment Act
- illicit liquor
- Section 438
- Section 482
- Criminal Procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24142 of 2026
Arising Out of PS. Case No.-27 Year-2025 Thana- SIKARHATTA District- Bhojpur
======================================================
Bablu Singh @ Avinash Singh S/o Rakesh Singh R/o Village- Sikhratha, P.S-
Sikhratha, Dist- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravindra Kumar, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-04-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Sikarhatta Police Station Case No. 27 of 2025,
disclosing offences under Section 30(a) of the Bihar Prohibition
and Excise Amendment Act.
3. As per the prosecution case, on secret information,
100 litres of illicit country made liquor has been recovered from
an open place.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. The petitioner has no concern with the alleged
recovery. The recovery has been made from an open place
which is accessible to one and all. The name of the petitioner
Patna High Court CR. MISC. No.24142 of 2026(2) dt.22-04-2026
2/2
has been transpired on the basis of secret information. No
incriminating article has been recovered from the conscious
possession of this petitioner. The petitioner has two criminal
antecedents of different nature.
5. Having regard to the submissions made on behalf
of the parties and taking into consideration the fact that liquor
has been recovered from a place which is open and accessible to
everyone and does not belong to the petitioner, I am inclined to
grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his
arrest or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Judge- 2,
Bhojpur, Ara, in connection with Sikarhatta Police Station Case
No. 27 of 2025, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure/Section
482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
Ranjeet/-
U T
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