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Patna High Court

Bablu Singh @ Bablu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to a bond, sureties and verification of the petitioner's antecedent cases.

Summary

The petitioner, Bablu Singh, applied for anticipatory bail under Section 438(2) of the Criminal Procedure Code in connection with alleged offences under Section 30(a)(d) of the Excise Act involving the recovery of liquor and mahua. He argued that he was not arrested at the spot, no contraband was found in his conscious possession, and the information leading to his implication came from an unnamed local source, casting doubt on the prosecution's case. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedents. The order further stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC in a case involving alleged offences under Section 30(a)(d) of the Excise Act.
  • Whether the absence of recovery from the petitioner's conscious possession and the unnamed informant affect the grant of bail.
  • What conditions should be imposed on the provisional anticipatory bail, including verification of criminal antecedents.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • Section 30
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26791 of 2026
                          Arising Out of PS. Case No.-70 Year-2026 Thana- FATUA District- Patna
                 ======================================================
                 Bablu Singh @ Bablu Kumar Son of Late Buddh Yadav @ Budhu Ray
                 Resident of Village - Abdalpur, P.S.- Fatuha, District - Patna (Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Vinod Kumar
                 For the Opposite Party/s :        Mr.Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a)(d) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of two cases out of which one is

                   case under the Excise Act and allegation is of recovery of 25

                   litres of liquor along with 3000 litres of mahua pass from a

                   place near bank of Punpun river.

                                4. The 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 alleged

                   recovery is from a place, which does not belong to the petitioner
Patna High Court CR. MISC. No.26791 of 2026(2) dt.23-04-2026
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          and is accessible to public at large and he came to be implicated

          at the instance of local person, but the name of the person, who

          disclosed the name of the petitioner is not disclosed in the F.I.R.,

          which casts an aspersion on the case of the prosecution. It is

          next submitted that police in majority of cases implicating

          innocent persons either at the behest of Chaukidar, local person,

          secret information and confessional statement in a mechanical

          manner without holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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 Fatuha P. S. Case No.70 of 2026, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.26791 of 2026(2) dt.23-04-2026
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                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the 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

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of two cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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