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Patna High Court

Punam SharmaversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

Petitioner Punam Sharma applied for anticipatory bail after being implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018-22 for alleged possession of 0.555 litre of liquor in a motorcycle she owned. She argued that she had a clean antecedent, was a woman, and had no knowledge of her brother's alleged misuse of the vehicle, which was seized with liquor. The State opposed the bail, contending that the vehicle was used to commit the offence. The High Court, after considering the submissions, directed that she be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of her criminal antecedents. The order further stipulated that if any antecedent is discovered, the bail would be revoked, otherwise it would be confirmed. The application was allowed and the bail order was made provisional pending verification.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite being the owner of the vehicle from which liquor was seized
  • Whether the petitioner’s clean antecedent and lack of knowledge of the alleged offence justify granting anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 30
  • Section 32
  • Section 482
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12025 of 2026
                     Arising Out of PS. Case No.-981 Year-2025 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Punam Sharma Wife of Suraj Kumar Sharma R/o Ward No. 28, Dharamganj,
                 P.S.- Kishanganj, District - Kishanganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Mritunjay Kumar, Advocate
                 For the Opposite Party/s :         Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends her arrest in a case registered

                   for the offence punishable under Sections 30(a)/32(3) of Bihar

                   Prohibition and Excise (Amendment) Act, 2018-22.

                                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 0.555 litre 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
Patna High Court CR. MISC. No.12025 of 2026(2) dt.26-02-2026
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          against herself and hence, would get implicated. It is also

          submitted that petitioner was completely unaware that Rohit

          Kumar Sharma, her brother, would misuse the vehicle in the

          manner as alleged, who was also apprehended from the spot

          along with Badal Kumar Purve.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       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, is directed to be released on

          provisional anticipatory bail on her furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Court of

          Exclusive Special Judge Excise-II, Kishanganj in connection

          with Kishanganj Excise P.S. Case No.981 of 2025, subject to the

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

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner 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
               Patna High Court CR. MISC. No.12025 of 2026(2) dt.26-02-2026
                                                           3/3




                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed her antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if 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)

Sanjay/-

U          T


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