Patna High Court

Bablu Dom @ Bablu RamversusThe State of Bihar

Decided: 23 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court held that, in view of the petitioner’s clean antecedent and lack of arrest or possession, provisional anticipatory bail could be granted subject to verification of antecedents under Section 482(2) of the CrPC.

Summary

Petitioner Bablu Dom was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 44.9 litres of liquor from a location that does not belong to him. He was not arrested at the spot and no liquor was found in his possession. The petitioner, claiming a clean criminal record, sought anticipatory bail, arguing that the investigation was based on secret information without proper inquiry. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.500 with two sureties and directed the trial court to verify the petitioner’s antecedents under Section 482(2) of the CrPC, confirming the bail if no prior case is found.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the petitioner’s clean antecedent and lack of arrest justify provisional anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Section 30
Bihar Prohibition and Excise Act
Section 482
clean antecedent
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27184 of 2026
                       Arising Out of PS. Case No.-284 Year-2026 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Bablu Dom @ Bablu Ram S/O Madan Dom @ Shaikin Ram R/O Sadikpur
                 Harijan Colony, P.S- Alamganj, Dist- Patna
                                                                   ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mithilesh Kumar Arya
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  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 offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 44.9 litres of liquor from a place near Mina Bazar

                   Domkhana. It is next submitted 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 and he came to be implicated based on

                   secret information which is the easiest way to implicate someone,

                   without holding a proper investigation, when petitioner admittedly

                   is a person with clean antecedent.

                                4. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.27184 of 2026(2) dt.23-04-2026
                                                       2/2




                     anticipatory bail of the petitioner.

                                  5. Considering the submissions made by the learned

                     counsel for the petitioner, the petitioner above-named, in the event

                     of his arrest or surrender within a period of six weeks from today,

                     be released on provisional anticipatory bail on furnishing bail

                     bonds of Rs.500/- (Rupees five hundred) 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 alamganj

                     P.S. Case No.284/2026, subject to the conditions as laid down

                     under Section 482(2) of the B.N.S.S.

                                  6. It is made clear that the learned trial court thereafter

                     shall verify the criminal antecedents of the petitioner and in the

                     event if it is found that petitioner has antecedent of even one case,

                     in that event, it would be presumed that petitioner had concealed

                     his antecedent before this court, as such, the provisional

                     anticipatory bail order shall not be confirmed but if on verification

                     it is found that petitioner is a person with clean antecedent, in that

                     event the provisional anticipatory bail order shall be confirmed

                     forthwith.



                                               (Satyavrat Verma, J)
amit/-
U      T

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