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Patna High Court

Samta KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

Samta Kumari, the wife of Vijay Kumar Mahto, sought anticipatory bail after liquor (23 litres) was recovered from a motorcycle she owned, though she was not present at the spot of seizure and had no conscious possession. The petitioner argued she had a clean antecedent, was a woman, and was unaware of her husband's alleged misuse of the vehicle. The State opposed the bail. The court considered the lack of direct involvement, the petitioner’s clean record, and the conditions under Section 482(2) of the B.N.S.S. It granted provisional anticipatory bail subject to a modest bond and sureties, directing the trial court to verify her antecedents before confirming the bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case involving alleged possession of liquor recovered from her vehicle.
  • Whether the petitioner’s lack of conscious possession and clean antecedent justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • criminal procedure
  • women

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14758 of 2026
                   Arising Out of PS. Case No.-162 Year-2025 Thana- SAHARGHAT District- Madhubani
                 ======================================================
                 Samta Kumari W/o Vijay Kumar Mahto R/o Village- Mukhiyapatti, P.S-
                 Saharghat, Dist- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Ms. Archna Aanand
                 For the Opposite Party/s :      Mr. Kumar Ranjit Ranjan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  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 Sections 274, 275,

                   3(5) of the BNS and Section 30(a) of 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 23 litres 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
Patna High Court CR. MISC. No.14758 of 2026(2) dt.13-03-2026
                                            2/3




          and thus would create evidence against herself and hence would

          get implicated. It is also submitted that the petitioner was

          completely unaware that her husband Vijay would misuse the

          vehicle in the manner as alleged, who was also apprehended

          from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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 Saharghat P.S. Case No.162/2025, subject to

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

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed her antecedent before this court, as such, the
             Patna High Court CR. MISC. No.14758 of 2026(2) dt.13-03-2026
                                                         3/3




                       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)
amit/-

U        T


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