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Patna High Court

Pinki Kumari @ Pinki DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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          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


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