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Patna High Court

Bablu Singh @ Avinash SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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