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Patna High Court

Bablu Singh @ Ballu SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner subject to bond, sureties, surrender within six weeks, and verification of antecedents.

Summary

The petitioner, Bablu Singh, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 6.84 litres of liquor from a public bush. He argued that he was not arrested at the spot, no liquor was found in his possession, and the allegation stemmed from a hostile chowkidar rather than any substantive police investigation. The State opposed the bail, contending the seriousness of the offence. The Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail conditioned on a Rs.10,000 bond, two sureties of equal amount, and a requirement that the petitioner surrender within six weeks. The order also directed the trial court to verify the petitioner’s criminal antecedents and confirm the bail if only two prior cases are found, otherwise the bail would not be confirmed. The petitioner further undertook to deposit Rs.2,500 with the Lawyers’ Association, Patna High Court.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the circumstances of alleged recovery and lack of arrest justify granting bail.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • excise law
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2) BNSS
  • criminal antecedent
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2489 of 2026
                     Arising Out of PS. Case No.-345 Year-2025 Thana- BARAULI District- Gopalganj
                 ======================================================
                 Bablu Singh @ Ballu Singh S/o- Late Nagendra Singh Resident Of Village-
                 Sarad, Ps- Barauli, Dist-Gopalganj

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shailendra Kumar Dwivedi
                 For the Opposite Party/s :       Mr.Ram Anurag Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of two cases under the Excise Act and

                   allegation is of recovery of 6.84 litres of liquor from a bush.

                             4.    Learned counsel for the petitioner submits that the

                   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 is accessible to public at large and he came to be implicated

                   at the instance of Chowkidar with whom he is on an inimical
Patna High Court CR. MISC. No.2489 of 2026(2) dt.28-01-2026
                                            2/3




          term. It is next submitted that if the Chowkidar was aware

          about the involvement of the petitioner in the occurrence, then

          why he did not inform the police prior to institution of the

          instant FIR, which casts an aspersion on the case of the

          prosecution. It is further submitted that once an accused is

          implicated in a case relating to excise, the police starts

          implicating mechanically either at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                   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, the petitioner above-named, in the event

          of his arrest or surrender before the learned trial court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees

          Ten 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 Barauli P.S. Case No.

          345 of 2025, subject to the conditions as laid down under Section

          482(2) of the BNSS.

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the
              Patna High Court CR. MISC. No.2489 of 2026(2) dt.28-01-2026
                                                          3/3




                        event if it is found that petitioner has antecedent of more than two

                        cases then it would be presumed that petitioner, for the purposes of

                        seeking anticipatory bail, had concealed his antecedent before this

                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of two cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.

                                 8.     At this stage, the learned counsel for the petitioner

                        based on instruction submits that petitioner undertakes to deposit

                        an amount of Rs. 2,500/- with Lawyers’ Association, Patna High

                        Court.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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