Created by Fuzzy Cloud

Patna High Court

Shyam Nandan RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of his antecedents.

Summary

Shyam Nandan Rai, the petitioner, sought anticipatory bail after being implicated in a case involving the recovery of 141.185 litres of liquor from a forest area and the seizure of a motorcycle. The petitioner argued that he had no prior criminal record, was not arrested at the spot, and had no conscious possession of the liquor; his only connection was ownership of the seized vehicle, which he claimed was misused by a friend. The State opposed the bail, contending that the vehicle’s involvement indicated culpability. The High Court, after considering the clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a modest bond and sureties, and conditioned the confirmation of bail on verification of the petitioner’s criminal record under Section 482(2) of the Code of Criminal Procedure. The order directs the trial court to confirm bail if the petitioner is found to have a clean record, otherwise the bail will not be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the offence under Sections 30(a), 34, 36 of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether ownership of the seized vehicle, without proof of conscious possession of the liquor, suffices to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45682 of 2026
                      Arising Out of PS. Case No.-354 Year-2025 Thana- PAROO District- Muzaffarpur
                 ======================================================
                 Shyam Nandan Rai S/o Late Sukhdev Rai Resident of Village- Chintamanpur,
                 P.S.- Paroo, Dist.- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Rajeev Ranjan No. Ii
                 For the Opposite Party/s :        Mr. Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-07-2026                  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 Sections 30(a), 34,

                   36 of Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 141.185 litres of liquor from a forest area and a

                   motorcycle was seized.

                                4. Learned counsel submits 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
Patna High Court CR. MISC. No.45682 of 2026(2) dt.10-07-2026
                                            2/3




          committing an occurrence and thus would create evidence

          against himself and hence would get 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.

                       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 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 Paroo P.S. Case No.354 of 2025, subject to the

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

                       7. 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 even 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
             Patna High Court CR. MISC. No.45682 of 2026(2) dt.10-07-2026
                                                         3/3




                       on verification 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)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.