Babloo Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22680 of 2026 Arising Out of PS. Case No.-2 Year-2026 Thana- AMNAUR District- Saran ====================================================== Babloo Singh S/o Nawal Kishor Singh R/o Village - Parshurampur (Parasrampur), P.S - Amnour, District - Saran at Chapra ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 16-04-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner is apprehending arrest in connection with Amnour P.S. Case No. 2 of 2026 lodged on 01.01.2026, for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, pending in the Court of Additional Sessions Judge cum Exclusive Special Court, Excise Act-I, Saran at Chapra.

3. As per the prosecution, FIR has been lodged against the sole petitioner. Total recovery of 4.320 litres of illicit liquor has been made, which is the subject matter of the present case.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.22680 of 2026(2) dt.16-04-2026 2/3 petitioner is innocent and has committed no offence. Counsel submits that nothing has been recovered from the conscious possession of the petitioner and the said recovery has been made from an open place which is accessible to the public. Counsel submits that the petitioner was not apprehended from the place of occurrence and his name has figured in this case only on the basis of secret information. Counsel further submits that the criminal antecedent of the petitioner is not clean as there are two cases pending against him and in both the cases, he is on bail.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that criminal antecedent of the petitioner is not clean as there are two cases pending against him in which, one of the case is related to Excise Act and this aspect must be taken into consideration.

6. As such, in the present facts and circumstances, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

7. However, if petitioner surrenders before the concerned Trial Court within a period of 4 weeks from today then in that case, the Trial Court is directed to pass order on his surrender-cum-bail application on the same day, without being prejudice that the anticipatory bail of the petitioner has been

Patna High Court CR. MISC. No.22680 of 2026(2) dt.16-04-2026 3/3 rejected by this Court and the Trial Court shall pass order on the merit of this case.

(Dr. Anshuman, J) Divyansh/- U T