Patna High Court
Babloo Kumar @ Babloo PaswanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedents and compliance with the conditions under Section 482(2) of the Criminal Procedure Code.
Summary
Babloo Kumar petitioned the Patna High Court for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 for allegedly possessing 32.250 litres of liquor recovered from the courtyard of his house, which is a joint family property. He argued that the liquor was not in his conscious possession, that he has a clean antecedent, and that the only evidence against him is a confessional statement made by Imtiaz while in police custody, which he contended lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs.500 with two sureties and that the trial court verify his antecedents. If any prior case is found, the bail will not be confirmed; if his antecedents are clean, the bail will be confirmed. The order is subject to the provisions of Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether anticipatory bail should be granted in a case of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018 when the alleged possession is not in conscious possession and the only evidence is a confessional statement made in police custody.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- possession
- liquor
- Bihar Prohibition Act
- clean antecedent
- confessional statement
- joint family property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39506 of 2026
Arising Out of PS. Case No.-91 Year-2026 Thana- SAHAR District- Bhojpur
======================================================
Babloo Kumar @ Babloo Paswan S/O Surender Paswan @ Surendra Paswan
R/O Village- Sahar, P.S.- Sahar, Distt.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Prasad Gupta
For the Opposite Party/s : Mr. Jagdhar Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 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 Amendment Act, 2018.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 32.250 litres of liquor from courtyard of the house
of the petitioner. It is next submitted that petitioner was not
arrested from the spot as such nothing was recovered from his
conscious possession and the house in question is a joint family
property as such it cannot be alleged with certainty that it was
petitioner, who had kept the liquor in the house or the liquor
kept in the house was within his knowledge and after
Patna High Court CR. MISC. No.39506 of 2026(2) dt.22-06-2026
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amendment in the Excise Act in the year 2018, the concept of
deemed possession and presumed offender has been done away
with and he came to be implicated based on confessional
statement of Imtiaz in police custody which does not have any
evidentiary value.
4. Learned A.P.P. for the State opposes the prayer for
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 Sahar P.S. Case No.91/2026, 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
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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/-
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