Patna High Court
Bablu Nut @ Bablu NatversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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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