Patna High Court

Josna Kumari @ Joshna KumariversusThe State of Bihar

Decided: 26 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

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

Summary

Josna Kumari, the owner of a motorcycle from which 10.875 litres of liquor was seized, sought anticipatory bail fearing arrest under Sections 30(a) and 32(3) of the Bihar Excise Act. She argued that she had no knowledge of the liquor being in the vehicle, had a clean criminal record, and that ownership alone should not make her culpable. The State opposed the bail. The Court considered her lack of possession, gender, and clean antecedent, and granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of her criminal record within six weeks. If any antecedent is discovered, the bail will be cancelled; otherwise it will be confirmed. The order was made under Section 482(2) of the Code of Criminal Procedure.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case of alleged possession of liquor under the Bihar Excise Act
Whether ownership of the vehicle used in the alleged offence suffices to justify denial of bail

Legislation cited

Code of Criminal Procedure — s. 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
vehicle ownership
clean antecedent
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12132 of 2026
                     Arising Out of PS. Case No.-146 Year-2025 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Josna Kumari @ Joshna Kumari W/o Abhay Kumar Sinha R/o Village- Bhim
                 Bali, ward no 04, PS- Thakurganj, Distt. - 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. Amitesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-02-2026                  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 offences punishable under Sections 30(a) and

                   32(3) of the Bihar Excise Act.

                                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 10.875 liters of liquor from a

                   motorcycle.

                                4. Learned       counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.12132 of 2026(2) dt.26-02-2026
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          her own vehicle for committing an occurrence and thus would

          create evidence against herself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          Abhay would misuse the vehicle in the manner as alleged who

          was also apprehended 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 her arrest or surrender before the learned Trial Court

          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

          Kishanganj Excise P.S. Case No. 146 of 2025 subject to the

          conditions as laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          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 would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed her antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
            Patna High Court CR. MISC. No.12132 of 2026(2) dt.26-02-2026
                                                        3/3




                      confirmed, but after verification if 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)
Rishabh/-

U      T

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