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Patna High Court

Bharti Gerai @ Bharati Gorai @ Bharti GorainversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of her criminal antecedent.

Summary

The petitioner, Bharti Gerai, a woman with a clean antecedent, feared arrest in a case under Sections 30(a) and 37 of the Bihar Excise Act for the alleged recovery of 360 ml of liquor from a car she owned. She argued that the liquor was not found in her conscious possession, she was not arrested at the spot, and she was unaware that a person named Manoj would misuse her vehicle. The State opposed her request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditioned the order on verification of her criminal antecedent. If any antecedent is discovered, the bail will not be confirmed; if she remains clean, the bail will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
  • Whether ownership of the vehicle used in the alleged offence makes the owner liable for the offence.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1729 of 2026
                       Arising Out of PS. Case No.-112 Year-2023 Thana- DEV District- Aurangabad
                 ======================================================
                 Bharti Gerai @ Bharati Gorai @ Bharti Gorain S/o Late Rajani Kanta Gorai
                 R/o Vill- Purulia, Ward No. 03, P.S.- Purulia, Distt- Purnia (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Abhay Kumar Singh
                 For the Opposite Party/s :       Mr.Mukesh Kumar Singh
                 ======================================================
                 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 Sections 30(a) and

                   37 of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 360 ml of liquor from a car.

                             4.    Learned counsel for the petitioner submits that the

                   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 and thus would
Patna High Court CR. MISC. No.1729 of 2026(2) dt.22-01-2026
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          create evidence against herself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Manoj would misuse the vehicle in the manner as alleged,

          who was also apprehended from the spot.

                   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 Deo P.S.

          Case No. 112 of 2023, 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 anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
              Patna High Court CR. MISC. No.1729 of 2026(2) dt.22-01-2026
                                                          3/3




                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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