Patna High Court
Shyam Nandan RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 34, 36
- Code of Criminal Procedure — s. 482(2)
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
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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
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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/-
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