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Patna High Court

Bablu PaswanversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, subject to conditions under Section 438(2) of the CrPC.

Summary

The petitioner, Bablu Paswan, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of 900 litres of liquor. He has five prior cases under the Excise Act but was not arrested at the spot and no liquor was found in his possession; the allegation rests on a confessional statement of another accused. The State opposed the bail, arguing the seriousness of the offence and the petitioner’s antecedents. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.25,000 with two sureties and a verification of his criminal antecedent. The order further stipulated that if more than five prior cases are found, the bail would not be confirmed, and the petitioner must deposit Rs.10,000 with the Advocates’ Association.

Issues considered

  • Whether anticipatory bail can be granted to a person with five prior Excise Act cases when the evidence is based solely on a confessional statement of another accused.
  • Whether the conditions imposed under Section 438(2) CrPC are appropriate in the present circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • confessional statement
  • prior convictions
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6321 of 2026
                     Arising Out of PS. Case No.-485 Year-2025 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Bablu Paswan son of Late Khokhai Paswan Village- Chir Chiri Bujurg Tola
                 Simri PS -Rajnagar District -Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ravi Prakash
                 For the Opposite Party/s :        Ms.Asha Devi
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  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) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of five cases under the Excise Act

                   and allegation is of recovery of 900 litres of liquor from two

                   four wheeler and three motorcycles.

                                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 is not the owner of

                   any of the seized vehicle and he came to be implicated based on

                   confessional statement of apprehended accused in police
Patna High Court CR. MISC. No.6321 of 2026(2) dt.04-02-2026
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          custody, which does not have any evidentiary value. 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. It is next submitted that

          petitioner in similar manner also came to be implicated earlier.

                       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.25,000/- (Rupees Twenty Five 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 Excise Sadar P. S. Case No.485 of 2025,

          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

          accepting the provisional bail bonds of the petitioner shall verify
               Patna High Court CR. MISC. No.6321 of 2026(2) dt.04-02-2026
                                                           3/3




                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than five 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 five cases only, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.

                                      9. At this stage, the learned counsel appearing on

                         behalf of the petitioner based on instruction submits that

                         petitioner undertakes to deposit an amount of Rs.10,000/- with

                         Advocates’ Association, Patna High Court, Patna within a

                         period of two weeks from today.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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