Patna High Court
Bablu Sah @ Bablu KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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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