Patna High Court

Pratima KumariversusThe State of Bihar

Decided: 26 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of her criminal antecedents.

Summary

Petitioner Pratima Kumari, owner of a motorcycle from which 200 litres of liquor was seized, sought anticipatory bail, claiming she had no knowledge of the liquor being transported and possesses a clean criminal record. The State opposed the bail, arguing the seizure implicated her under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The court examined the facts, noting that the liquor was not found in her immediate possession and that she was unaware of her friend's alleged misuse of the vehicle. It granted a provisional anticipatory bail order, subject to a modest bond, two sureties, and verification of her antecedents by the trial court. The bail will be confirmed only if the trial court finds her to have a clean record; otherwise, it will be set aside.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Whether the circumstances justify granting provisional anticipatory bail subject to verification of antecedents.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
provisional bail
Section 30(a)
liquor seizure
vehicle owner liability
clean antecedent
Bihar Prohibition Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19421 of 2026
                    Arising Out of PS. Case No.-266 Year-2025 Thana- PARANDABAR District- Nawada
                 ======================================================
                 Pratima Kumari Daughter of Anil Rajbanshi Resident of Village- Dariyapur,
                 P.S.- Nardiganj, District- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prem Ranjan Kumar
                 For the Opposite Party/s :      Mr. Nityanand
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   26-03-2026                  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 Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                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 200 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 and thus would create evidence against herself and
Patna High Court CR. MISC. No.19421 of 2026(2) dt.26-03-2026
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          hence would get implicated. It is also submitted that the

          petitioner was completely unaware that her friend would misuse

          her vehicle in the manner as alleged who also fled 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 Parnadabar P.S. Case No.266/2025, 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

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.19421 of 2026(2) dt.26-03-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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