Patna High Court
Pinki Kumari @ Pinki DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court allowed the anticipatory bail application, granting provisional bail subject to verification of antecedent and conditions under Section 482(2) of the CrPC.
Summary
Pinki Kumari and Anju Kumari, daughters of Sanjay Chaudhary, applied for anticipatory bail after being implicated in a case alleging recovery of 14 litres of liquor and 240 litres of Jawa Mahua from their father's house. They argued they have clean antecedents, were not arrested at the spot, and had no conscious possession of the contraband, emphasizing that the house is joint family property. The State opposed the bail, citing offences under Sections 30(a), 32(3) and 45 of the Bihar Prohibition and Excise (Amendment) Act. The High Court, considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 each with two sureties, subject to verification of their criminal antecedent and conditions under Section 482(2) of the CrPC. The court ordered that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the circumstances of alleged possession of liquor and excise offences.
- Whether the lack of conscious possession and joint family ownership of the premises preclude liability.
- Whether the conditions under Section 482(2) of the CrPC justify granting provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- prohibition and excise
- joint family property
- clean antecedent
- liquor possession
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.176 of 2026
Arising Out of PS. Case No.-322 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
======================================================
1. Pinki Kumari @ Pinki Devi D/o Sanjay Chaudhary W/o Vinod Chaudhary,
R/o Village - Chitabkala, P.S - Sherghati, District - Gaya
2. Anju Kumari D/o Sanjay Chaudhary R/o Village - Chitabkala, P.S -
Sherghati, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prithivi Raj Singh, Advocate
For the Opposite Party/s : Ms. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 30(a),
32(3) and 45 of Bihar Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and are women
and allegation is of recovery of 14 litres of liquor along with
240 litres of Jawa Mahua from house of Sanjay Choudhary. It is
next submitted that petitioners were not arrested from the spot,
as such, nothing was recovered from their conscious possession
and they came to be implicated based on the fact that they are
Patna High Court CR. MISC. No.176 of 2026(2) dt.13-01-2026
2/3
daughters of Sanjay Choudhary and Soni Kumari who were
apprehended from the house. It is further submitted that house
in question is a joint family property, as such, it cannot be
alleged with certainty that it were petitioners who had kept the
liquor in the house or the liquor kept in the house was within
their knowledge. It is further submitted that their father and
mother were made to confess their names in police custody
which does not have any evidentiary value, when petitioners
admittedly are persons with clean antecedent.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.500/- (Rupees Five Hundred) each with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge Excise-3, Gaya in connection with
Excise Sherghati P.S. Case No.322 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
Patna High Court CR. MISC. No.176 of 2026(2) dt.13-01-2026
3/3
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioners shall
verify the criminal antecedent of the petitioners and in the event,
if it is found that petitioners have antecedent of even one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their antecedent
before this Court, in that event, the present provisional
anticipatory bail order shall not be confirmed, but if on
verification, it is found that petitioners are persons with clean
antecedent, in that event, the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
Checking your session…