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Patna High Court

Pinki KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of her antecedent and compliance with the conditions under Section 482(2) of the Bihar Narcotic Substances Act.

Summary

Pinki Kumari, a woman with a clean antecedent, sought anticipatory bail after the police registered a case alleging her involvement in offences under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act, relating to the recovery of 945 litres of liquor from five motorcycles and a bicycle. She argued that she was not present at the spot of seizure, had no liquor in her possession, and was implicated merely because she owned one of the motorcycles used by a friend who fled. The State opposed the bail. The High Court, considering her clean record and the circumstances, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties, subject to verification of her antecedent by the trial court. If any prior case is discovered, the bail may be revoked; otherwise, the provisional order will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the alleged involvement in narcotic and excise offences.
  • Whether ownership of a vehicle used in the alleged offence suffices to justify arrest and denial of bail.
  • Whether the petitioner’s clean antecedent warrants a provisional anticipatory bail order.

Legislation cited

Subjects

  • anticipatory bail
  • narcotic offences
  • excise law
  • vehicle ownership
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22977 of 2026
                   Arising Out of PS. Case No.-155 Year-2025 Thana- SAHARGHAT District- Madhubani
                 ======================================================
                 Pinki Kumari W/O Sudhir Mahto Resident of Village - Gangaur, Ward No.-
                 03, P.S- Harlakhi, Dist- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Bhavesh Kumar Sah
                 For the Opposite Party/s :      Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

4   22-06-2026               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 274, 275

                   and 3(5) of BNS and Section 30(a) 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 945 litres of liquor from five

                   motorcycles and a bicycle.

                             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 one of the

                   seized motorcycles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.22977 of 2026(4) dt.22-06-2026
                                            2/3




          would use her own vehicle for committing an occurrence and

          thus would create evidence against herself and hence would get

          implicated, it is further submitted that petitioner was completely

          unaware that her friend would misuse the vehicle in the manner

          as alleged, who also fled from the spot. It is also submitted that

          it is not a case of the prosecution that they saw a woman fleeing

          from the place of occurrence.

                   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 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 Saharghat P.S. Case No. 155 of 2025 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
              Patna High Court CR. MISC. No.22977 of 2026(4) dt.22-06-2026
                                                          3/3




                        Court, as such, the provisional 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)
Sumit/-

U         T


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