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Patna High Court

Bablu Sah @ Bablu KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to a bail bond and verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Bablu Kumar, sought anticipatory bail in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act alleging recovery of 1,313.280 litres of liquor from a boat. He argued that he was not arrested at the spot, had no liquor in his possession, and was implicated solely on secret information without a proper investigation. The State opposed the bail. The High Court, considering these submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to Section 482(2) of the CrPC. The Court also ordered that the trial court verify the petitioner’s criminal antecedent and conditionally confirm the bail if only one prior case is found, otherwise the bail would not be confirmed. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act where the accused was not found in possession of the alleged liquor.
  • Whether the grant of anticipatory bail should be made provisional, subject to verification of the accused’s criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • bail bond
  • criminal antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83525 of 2025
                        Arising Out of PS. Case No.-166 Year-2025 Thana- Excise P.S. District- Saran
                 ======================================================
                 Bablu Sah @ Bablu Kumar Son of Bigan Sah Resident of Village- Nabiganj,
                 P.S.- Bhagwan Bazar, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :         Ms. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends his arrest in a case registered

                   for the offences punishable under Sections 30(a) and 32(3) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 1313.280 litres of liquor from a boat.

                   It is next submitted that petitioner was not arrested from the

                   spot, as such, nothing was recovered from his conscious

                   possession and is not the owner of the boat and he came to be

                   implicated based on secret information, which is the easiest way

                   to implicate someone. It is also submitted that once an accused

                   is implicated in a case relating to excise, the police starts
Patna High Court CR. MISC. No.83525 of 2025(3) dt.19-01-2026
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          implicating mechanically either at the instance of Chowkidar,

          local person, confessional statement or secret information

          without holding a proper investigation.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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-bond in the

          sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special Excise Court No.-3, Saran at Chapra in connection with

          Sadar Excise P.S. Case No.166 of 2025, subject to the

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

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify

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

          found that petitioner has antecedent of more than one case, then

          it would be presumed that petitioner for the purposes of

          obtaining anticipatory bail had concealed his antecedent before
               Patna High Court CR. MISC. No.83525 of 2025(3) dt.19-01-2026
                                                           3/3




                         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 only one case, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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