Patna High Court

Nagina KumariversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of her antecedents.

Summary

Nagina Kumari, owner of a motorcycle from which 13.876 litres of liquor was seized, sought anticipatory bail fearing arrest under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2016. She argued she had a clean antecedent, was a woman, and had no knowledge of the liquor being transported by another person, Laxman, who was apprehended at the spot. The State opposed the bail. The Court, considering her lack of possession, clean record, and the fact that ownership alone does not imply participation, granted provisional anticipatory bail subject to a modest bond and two sureties, and directed the trial court to verify her antecedents before confirming the bail.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances of ownership of the vehicle and alleged liquor seizure
Whether the petitioner’s clean antecedent and lack of knowledge of the offence justify granting bail

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
vehicle ownership
clean antecedent
gender considerations
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.119 of 2026
                  Arising Out of PS. Case No.-324 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
                 ======================================================
                 Nagina Kumari D/O Faguni Chaudhary Resident of Village- Bongia, P.S.-
                 Mohanpur, District- Gaya,

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gajendra Kumar Singh
                 For the Opposite Party/s :      Ms. Asha Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence punishable under Sections 30(a) and

                   32(3) of Bihar Prohibition and Excise Amendment Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 13.876 litres of liquor from a

                   motorcycle. It is next submitted that petitioner was not arrested

                   from the spot as such nothing was recovered from her conscious

                   possession and she came to be implicated based on the fact that

                   she is owner of the seized vehicle. It is next submitted that no

                   prudent person would use her own vehicle for committing an

                   occurrence and thus would create evidence against herself and
Patna High Court CR. MISC. No.119 of 2026(2) dt.13-01-2026
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          hence would get implicated. It is also submitted that the

          petitioner was completely unaware that Laxman would misuse

          the vehicle in the manner as alleged who was also apprehended

          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 her arrest or surrender before the learned Court below

          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 Excise

          (Sherghati) P.S. Case No.324/2025, 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 even one

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

          concealed her antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.119 of 2026(2) dt.13-01-2026
                                                         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

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