Patna High Court
Punam SharmaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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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