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Patna High Court

Bablu Yadav @ Bablu Kumar @ Babalu YadavversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bail bonds, sureties, and verification of the petitioner’s antecedent, with confirmation contingent on the outcome of that verification.

Summary

The petitioner, Bablu Yadav, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 286 litres of liquor from Gandak bridge. He argued that the liquor was not in his possession, the alleged location was public, and the chowkidar who implicated him had no prior knowledge, suggesting a false implication. The State opposed the bail. The Court granted provisional anticipatory bail, requiring a bail bond of Rs.10,000 with two sureties and a deposit of Rs.5,000 with the Advocates’ Association, subject to verification of the petitioner’s criminal antecedent within six weeks. If more than two prior cases are found, the bail will not be confirmed; if only two, it will be confirmed. The order was made under Section 482(2) of the CrPC.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Excise Act.
  • Whether the circumstances of alleged recovery and the role of the chowkidar justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Section 482
  • liquor seizure
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6759 of 2026
                     Arising Out of PS. Case No.-173 Year-2025 Thana- YADOPUR District- Gopalganj
                 ======================================================
                 Bablu Yadav @ Bablu Kumar @ Babalu Yadav Son of Yogendra Yadav @
                 Jogindra Yadav Resident of Village- Patahara, P.S.- Jadopur (Yadopur),
                 District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Lokesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Ms. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases under the excise act and

                   allegation is of recovery of 286 liters of liquor from Gandak

                   bridge.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended 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.6759 of 2026(2) dt.04-02-2026
                                            2/3




          and is accessible to public at large and he came to be implicated

          at the instance of Chowkidar, but then it is submitted that if

          Chowkidar was aware of the involvement of the petitioner in the

          occurrence then why he did not inform the police prior to

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution. It is also submitted that it appears that

          the Chowkidar in order to save the real culprits falsely

          implicated the petitioner since petitioner was carrying

          antecedent under the excise act.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds 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 Yadopur

          P.S. Case No. 173 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the
            Patna High Court CR. MISC. No.6759 of 2026(2) dt.04-02-2026
                                                        3/3




                      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

                      seeking anticipatory bail, had concealed his antecedent before this

                      Court, as such, the provisional anticipatory bail order shall not be

                      confirmed, but after verification if it is found that petitioner has

                      antecedent of two cases only, in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.

                                   8. At this stage, the learned counsel for the petitioner,

                      based on instruction, undertakes to deposit an amount of Rs.

                      5000/- with Advocates’ Association, Patna High Court within a

                      period of two weeks from today.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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