Patna High Court
Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds and verification of his antecedents.
Summary
The petitioner, Bablu Kumar, 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, where 100 litres of liquor were recovered from a motorcycle he owned. He argued that he had no prior criminal record, was not in possession of the liquor at the time of seizure, and was unaware of his friend's alleged misuse of the vehicle. The State opposed the bail, contending that the seizure implicated the petitioner. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to the conditions of Section 438(2). The order is conditional on verification of the petitioner’s antecedents; any undisclosed prior case would lead to revocation of the bail. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted when the alleged offence involves liquor recovered from a vehicle owned by the accused but not in his conscious possession.
- Whether the petitioner’s clean antecedent and lack of knowledge of the alleged misuse justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- liquor seizure
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7467 of 2026
Arising Out of PS. Case No.-650 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
Bablu Kumar S/o- Sanjay Prasad Village - Harnarayanpur P.S.- Sirdala
District -Gaya Ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pushp Raj Singh
For the Opposite Party/s : Mr.Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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 is a person with clean antecedent and allegation is
of recovery of 100 litres of liquor from a motorcycle.
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 he came to be
implicated based on the fact that he is owner of the seized
motorcycle. It is next submitted that no prudent person would
use his own vehicle for committing a crime and thus, would
Patna High Court CR. MISC. No.7467 of 2026(2) dt.19-02-2026
2/3
create evidence against himself and hence, would get
implicated. It is further submitted that petitioner was completely
unaware that his friend would misuse the vehicle in the manner
as alleged who also fled from the spot.
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.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
Fatehpur P. S. Case No.650 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
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.7467 of 2026(2) dt.19-02-2026
3/3
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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…