Patna High Court

Kumari Simpa SagarversusThe State of Bihar

Decided: 22 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted to the petitioner subject to conditions and verification of her antecedent.

Summary

The petitioner, Kumari Simpa Sagar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 34.560 litres of liquor from a scooty she owned. She argued that she had no knowledge of the liquor being in the vehicle, had a clean antecedent, and was implicated merely as the vehicle owner. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned on verification of her criminal antecedent by the trial court. If any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s ownership of the vehicle and alleged lack of knowledge constitute sufficient grounds to deny bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
vehicle ownership
clean antecedent
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1686 of 2026
                     Arising Out of PS. Case No.-274 Year-2024 Thana- KADAMKUAN District- Patna
                 ======================================================
                 Kumari Simpa Sagar W/o Raj Aryan D/o Ravindra Singh R/o Village -
                 Rampur Singhara, P.S - Mahua, District - Vaishali Presently residing at - Near
                 Sanskriti Apartment, Bhootnath Road, P.S.- Agamkuan, District - Patna, Pin -
                 800026

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gaurav Singh, Advocate
                 For the Opposite Party/s :      Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-01-2026                  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 Section 30(a) 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 34.560 liters of liquor from a Scooty.

                                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 he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.1686 of 2026(2) dt.22-01-2026
                                            2/3




          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

          her friend would misuse the vehicle in the manner as alleged.

                       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

          Kadamkuan P.S. Case No. 274 of 2024 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
            Patna High Court CR. MISC. No.1686 of 2026(2) dt.22-01-2026
                                                        3/3




                      anticipatory bail order shall not be 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

Continue reading with your account

Checking your session…