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Patna High Court

Siyanandan Sharma @ Siyanandan ThakurversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Siyanandan Sharma, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 600.75 litres of liquor from three motorcycles, on the basis that he owned one of the seized vehicles. He contended that he was not in possession of the liquor, had no knowledge of his friend's alleged misuse of the vehicle, and possessed a clean criminal record. The State opposed his request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned on verification of the petitioner’s antecedent by the trial court. If any prior case is discovered, the bail would be deemed concealed and the order would not be confirmed; otherwise, it would be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the accused is alleged to be the owner of a vehicle used in the alleged offence.
  • Whether ownership of a vehicle, without proof of possession of the contraband, suffices to justify arrest and denial of anticipatory bail.
  • Whether the petitioner’s claim of a clean antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • ownership of vehicle
  • clean antecedent
  • Section 482
  • criminal antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36034 of 2026
                     Arising Out of PS. Case No.-271 Year-2025 Thana- PUNAURA District- Sitamarhi
                 ======================================================
                 Siyanandan Sharma @ Siyanandan Thakur S/o Ram Pukar Sharma Resident
                 of Village- Mahisar, Ward no 04, P.O- Belahi, PS- Runnisaidpur, District-
                 Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raja Ram Mishra, Advocate
                 For the Opposite Party/s :       Mr. Raj Kishor Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-06-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 600.75 liters of liquor from three motorcycles.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended 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 one of the

                   seized vehicles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.36034 of 2026(2) dt.29-06-2026
                                            2/3




          would use his own vehicle for committing an occurrence and

          thus would create evidence against himself and hence would get

          implicated, it is further submitted that petitioner was completely

          unaware that his friend would misuse the vehicle in the manner

          as alleged who also fled from the spot.

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

          anticipatory bail of the petitioner.

                       6. 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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) 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 Punaura

          P.S. Case No. 271 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed his antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
            Patna High Court CR. MISC. No.36034 of 2026(2) dt.29-06-2026
                                                        3/3




                      confirmed, but after verification if it is found that petitioner is a

                      person with clean antecedent in that event the provisional

                      anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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