Shyam Babu Rai @ Shyam Babu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51323 of 2026 Arising Out of PS. Case No.-24 Year-2026 Thana- EXCISE MAHAMMADPUR DistrictGopalganj ====================================================== Shyam Babu Rai @ Shyam Babu Ram son of Laxman Rai Resident of Village- Banaura (Banrawa), Ps- Baikunthpur, Dist- Gopalganj ... ... 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. Braj Kishore Pd., App ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-07-2026 Heard Learned Counsel for the petitioner and Learned APP for the State.

2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Mohammadpur (Excise) P.S. Case No. 24 of 2026, lodged on 14/03/2026, under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

3. As per the prosecution, total recovery of 4.140 litres of foreign 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.51323 of 2026(2) dt.29-07-2026 2/2 petitioner is innocent and has committed no offence. Counsel submits that antecedent of the petitioner is not clean and there are two criminal cases pending against the petitioner in which he is on bail. He submits that the recovery has not been made from the conscious possession of the petitioner. He submits that the petitioner is ready to fulfill all the conditions whatsoever shall be imposed upon him.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that antecedent of the petitioner is not clean and there are two identical criminal cases pending against the petitioner.

6. Considering the criminal antecedents against the petitioner, the prayer for anticipatory bail of petitioner is hereby refused. However, in the event of surrender of the petitioner within four weeks from today, the prayer for regular bail shall be considered strictly on the same day without being prejudiced by the order of this Court.

(Dr. Anshuman, J) Mkr./Anshuman/ U T