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Patna High Court

Siyawar Rai @ Siyabar Ray @ Ram Siyabar Ray @ Ram Siyavar RayversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bail bonds, sureties, and verification of antecedents.

Summary

The petitioner, Siyawar Rai, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 79.5 litres of liquor from his motorcycle. He argued that the liquor was not in his conscious possession and that he was unaware his friend misused the vehicle, contending that ownership alone should not implicate him. The State opposed the bail, asserting the seriousness of the offence. The court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bail bond, two sureties of equal amount, and verification of the petitioner’s criminal antecedents under Section 482(2) of the Bihar Narcotic and Smuggled Substances Act. The order stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether ownership of the vehicle used in the alleged offence implicates the petitioner.
  • How the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • liquor seizure
  • vehicle ownership
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • bail conditions
  • criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20180 of 2026
                        Arising Out of PS. Case No.-454 Year-2025 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Siyawar Rai @ Siyabar Ray @ Ram Siyabar Ray @ Ram Siyavar Ray S/O
                 Late Babu Lal Ray R/O village- Sirahi, P.S.- Riga, Dist. - Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Santosh Kumar
                 For the Opposite Party/s :        Mr. Dr. Kumar Uday Pratap
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 79.5 litres of liquor from a motorcycle. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and he

                   came to be implicated based on the fact that he is owner of the

                   seized vehicle. It is next submitted that no prudent person would

                   use his own vehicle for committing an occurrence and thus

                   would create evidence against himself and hence would get
Patna High Court CR. MISC. No.20180 of 2026(2) dt.31-03-2026
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          implicated. It is also submitted that the petitioner was

          completely unaware that his friend would misuse his vehicle in

          the manner as alleged who also fled from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5000/- (Rupees five thousand) with

          two sureties of the like amount each to the satisfaction of the

          learned trial court where the case is pending/successor court in

          connection with Riga P.S. Case No.454/2025, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had

          concealed his antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner has antecedent of one

          case, in that event the provisional anticipatory bail order shall be
             Patna High Court CR. MISC. No.20180 of 2026(2) dt.31-03-2026
                                                         3/3




                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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