Patna High Court
Pinki KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)
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
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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
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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
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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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