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Patna High Court

Shyam BabuversusThe State Of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Shyam Babu, applied for anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that the alleged liquor recovery was from a public place and not in his possession. He argued that the police were mechanically implicating him without proper investigation, and that he had only one prior case under the Excise Act. The State opposed the bail. The Court, after considering the 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 conditions under Section 482(2) of the B.N.S.S. and verification of his criminal antecedents. The order clarified that if more than one antecedent case is found, the bail will not be confirmed; if only one antecedent is found, the provisional bail will be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
  • Whether conditions under Section 482(2) of the B.N.S.S. can be imposed on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • provisional bail
  • criminal antecedent
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83528 of 2025
                       Arising Out of PS. Case No.-487 Year-2024 Thana- BARHARIA District- Siwan
                 ======================================================
                 Shyam Babu S/O Shivji Prasad Resident of vill.- Gosihata Dhoom Nagar,
                 P.S.- Barhariya, Dist.- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Kumari Anupam, Advocate
                 For the Opposite Party/s :       Ms. Veena Kumari Jaiswal, 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 offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 24 litres of liquor from a place near

                   Nabiganj Daha river bridge. It is next submitted that petitioner

                   was not arrested from the spot, as such, nothing was recovered

                   from his conscious possession and even alleged recovery is

                   from a place which does not belong to the petitioner and is

                   accessible to villagers at large. It is further submitted that once

                   an accused is implicated in a case relating to excise, the police
Patna High Court CR. MISC. No.83528 of 2025(3) dt.19-01-2026
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          starts implicating mechanically 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 Court of

          Exclusive Special Excise Court No.-1, Siwan in connection with

          Barhariya P.S. Case No.487 of 2024, 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

          this Court, in that event, the present provisional anticipatory bail
               Patna High Court CR. MISC. No.83528 of 2025(3) dt.19-01-2026
                                                           3/3




                         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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