Patna High Court
Samta KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 274, 275(3)(5)
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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
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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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