Shyam Babu Vs The State Of Bihar — Anticipatory Bail | Patna HC (2026)

Shyam Babu Vs The State Of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Provisional anticipatory bail: petitioner, in the event of arrest or surrender before the learned Court below within six weeks, to be released on a bail-bond of Rs.5,000/- with two sureties of the like amount each, to the satisfaction of the 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.; confirmation of the provisional bail made contingent on trial-court verification of the petitioner's criminal antecedents.

Issue for consideration

Whether the petitioner, apprehending arrest in Barhariya P.S. Case No.487 of 2024 for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, is entitled to anticipatory bail.

Court's answer

The anticipatory bail application is allowed: the petitioner, 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 furnishing a bail-bond of Rs.5,000/- with two sureties of the like amount each, to the satisfaction of the 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.

Ratio / Principle

After accepting the provisional bail bond, the learned trial Court shall verify the criminal antecedent of the petitioner: if it is found that the petitioner has antecedent of more than one case, it would be presumed that he concealed his antecedent before this Court for the purposes of obtaining anticipatory bail, and the provisional anticipatory bail order shall not be confirmed; if on verification it is found that the petitioner has antecedent of only one case, the provisional anticipatory bail order shall be confirmed forthwith.

Detailed headnote1 paragraphs

Anticipatory bail - Bihar Prohibition and Excise (Amendment) Act, 2022, S.30(a) - Barhariya P.S. Case No.487 of 2024, District Siwan - allegation of recovery of 24 litres of liquor from a place near Nabiganj Daha river bridge which does not belong to the petitioner and is accessible to villagers at large; petitioner not arrested from the spot; petitioner disclosed antecedent of one case under the Excise Act - Held, allowing the application: petitioner, in the event of arrest or surrender before the Court below within six weeks, to be released on provisional anticipatory bail on bail-bond of Rs.5,000/- with two sureties of the like amount each, to the satisfaction of Exclusive Special Excise Court No.-1, Siwan, subject to conditions under S.482(2) B.N.S.S. - Trial Court to verify criminal antecedents after accepting the provisional bail bond; if more than one case found, petitioner to be presumed to have concealed his antecedent and the provisional anticipatory bail not to be confirmed; if only one case found, provisional anticipatory bail to be confirmed forthwith (Satyavrat Verma, J).

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.

Petitioner apprehends his arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

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 2/3

starts implicating mechanically without holding a proper investigation.

Learned A.P.P. opposes the anticipatory bail application.

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.

The application stands allowed.

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/-

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