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Patna High Court

Sarita RaniversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail may be granted despite the petitioner’s ownership of the vehicle, provided she has a clean antecedent and the trial court verifies this, subject to the conditions imposed under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

The petitioner, Sarita Rani, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for the alleged recovery of 135 litres of liquor from a vehicle she owned. She argued that she had no prior criminal record, was not present at the spot of seizure, and was unaware that the vehicle was misused by another person. The State opposed the bail, contending that ownership of the vehicle linked her to the offence. The court examined the submissions, noted the petitioner’s clean antecedent and lack of direct involvement, and granted provisional anticipatory bail subject to a bond and sureties, with a condition that the trial court verify her antecedents. The order stipulated that if any antecedent is discovered, the bail would be revoked; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. despite her ownership of the vehicle used in the alleged offence
  • Whether the petitioner’s clean criminal antecedent and lack of direct participation justify the grant of anticipatory bail
  • Whether the ownership of the vehicle alone suffices to deny anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 30 Bihar Prohibition and Excise Act
  • vehicle ownership
  • clean antecedent
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14199 of 2026
                     Arising Out of PS. Case No.-212 Year-2025 Thana- Excise P.S. District- Darbhanga
                 ======================================================
                 Sarita Rani W/o Rajeev Kumar Resident of C-683 3rd Floor Gali No 3, Back
                 Side Shakarpur, Ganesh Nagar 2, PS- Shankarpur, East Delhi
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sameer Sawarn, Advocate
                 For the Opposite Party/s :        Mr. Amitesh Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  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, 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 135 litres of liquor from a Brezza.

                                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 the seized vehicle. It it next submitted that no prudent

                   person would use her own vehicle for committing an occurrence

                   and, thus, would create evidence against herself and, hence,
Patna High Court CR. MISC. No.14199 of 2026(2) dt.12-03-2026
                                            2/3




          would get implicated. It is also submitted that petitioner was

          completely unaware that Ajay would misuse the vehicle in the

          manner as alleged who was also apprehended from the spot

          along with Shrawan Kumar.

                       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 Excise Sadar P.S. Case No. 212 of 2025,

          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

          before this Court at para 3 of the anticipatory bail application in

          that event the provisional anticipatory bail order shall not be
           Patna High Court CR. MISC. No.14199 of 2026(2) dt.12-03-2026
                                                       3/3




                     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


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