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Patna High Court

Bablu Nut @ Bablu NatversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court allowed the petition for anticipatory bail, exercising its inherent powers under Section 482(2) of the Criminal Procedure Code.

Summary

The petitioner, Bablu Nut, was named in an FIR for alleged involvement in the seizure of 50 litres of illicit country-made liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He claimed he was not present at the place of recovery, that the liquor was found in an open area accessible to all, and that his name was linked to the case only on the basis of undisclosed secret information with no independent witnesses. The State opposed his request for anticipatory bail, arguing that he is the named accused in the FIR. The High Court examined the lack of direct evidence, the reliance on secret information, and the petitioner’s willingness to surrender within six weeks. It granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, invoking its inherent powers under Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail can be granted in the absence of direct evidence linking the petitioner to the alleged offence
  • Whether the reliance on secret information and lack of independent witnesses suffices to deny bail

Legislation cited

Subjects

  • anticipatory bail
  • secret information
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9452 of 2026
                      Arising Out of PS. Case No.-65 Year-2025 Thana- Maghopur District- Gopalganj
                 ======================================================
                 Bablu Nut @ Bablu Nat S/o Lady Nut @ Lady Nat R/o Village- Dumari
                 Karbal (Karwalp), PS- GB Nagar, District- Siwan

                                                                                    ... ... 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 :       Mr. Ramchandra Sahni, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                       ORAL ORDER

2   19-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Madhopur P.S. Case No. 65 of 2025 registered

                   for the offences punishable under Section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. As per prosecution case, on the basis of secret

                   information 50 liters of illicit country-made chulai liquor were

                   recovered from two boxes kept near the Belsand river bank and

                   petitioner and other succeeded in fleeing away from the place of

                   occurrence.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.9452 of 2026(2) dt.19-02-2026
                                            2/3




          in the FIR and he has falsely been implicated in this case

          because having criminal antecedents of three cases in which he

          is already on bail. He further submits that petitioner was not

          found at the place of occurrence and nothing has been recovered

          from the conscious possession of the petitioner. He further

          submits that the place of recovery is an open place and the same

          is accessible to all and therefore the petitioner cannot be held

          liable for the alleged recovery. It is submitted that the name of

          the petitioner has transpired only on the basis of secret

          information and except suspicion there is nothing on record to

          connect the present petitioner with the alleged occurrence. He

          further submits that source of secret information has not been

          disclosed in the FIR, which questions the authenticity of the

          F.I.R. He further submits that only chowkidars have been made

          seizure list witnesses and no independent witness has supported

          the prosecution case. In the light of the aforesaid facts and

          circumstances of the case, petitioner cannot be held liable for

          the same and no offence is made out as alleged in the FIR

          against the petitioner.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioner and

          submits that petitioner is F.I.R. named person hence, he cannot
            Patna High Court CR. MISC. No.9452 of 2026(2) dt.19-02-2026
                                                        3/3




                      escape from the allegation made in the F.I.R.

                                   6. Considering the facts and circumstances of the

                      case, petitioner was not found at the place of occurrence,

                      argument advanced on behalf of both sides and also taking into

                      consideration the material available on record, 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 anticipatory bail on furnishing bail bond of Rs.

                      10,000/- (rupees ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned District and

                      Additional Sessions Judge-XIII-cum-Special Judge, Excise

                      Court No. I, Gopalganj in connection with Madhopur P.S. Case

                      No. 65 of 2025, subject to the conditions as laid down under

                      Section 482(2) of the B.N.S.S.

                                   7. The application stands allowed.



                                              (Alok Kumar Pandey, J)
Nilmani/-

U      T


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