Patna High Court
Bablu Singh @ Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)(d)
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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