Archana GuptaversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13033 of 2026
                    Arising Out of PS. Case No.-297 Year-2021 Thana- RAFIGANJ District- Aurangabad
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                 Archana Gupta W/o Sanjeev Kumar Gupta Resident of - Shantikunj Block D -
                 1 Flat No. 106, 20 Round Tank Lane, Mullick Fatak, Telephone Exchange,
                 District - Howrah, Haora, P.S - Howrah, State - West Bengal, Pin - 711101
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anurag Supreme, Advocate
                 For the Opposite Party/s :       Mr. Md. Shakir Ahmad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  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 Section 30(a) of the

                   Bihar Prohibition and 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 600 litres of liquor from two

                   different vehicles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from her conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that she is

                   owner of one of the seized Santro Cars. It is next submitted that
Patna High Court CR. MISC. No.13033 of 2026(2) dt.10-03-2026
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          no prudent person would use 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 Mithilesh Kumar would misuse

          the vehicle in the manner as alleged who was also apprehended

          from the spot along with Shashi Singh.

                       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, let the petitioner, above-named, in the

          event of her 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 Rafiganj P.S. Case No. 297 of 2021, subject

          to the conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the B.N.S.S.

                       7. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed her antecedent
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                     before this Court at para 3 of the anticipatory bail application in

                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T