Patna High Court

Kajal KumariversusThe State of Bihar

Decided: 8 April 2026
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 BNSS.

Summary

Petitioner Kajal Kumari was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 15 litres of liquor from two motorcycles she owned. She argued that she had no conscious possession of the liquor, had a clean antecedent, and was unaware that a friend misused her vehicle. The State opposed her prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of her criminal antecedent. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was pronounced by Justice Satyavrat Verma.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Excise Act
Whether the petitioner’s clean antecedent and lack of conscious possession justify granting anticipatory bail

Subjects

anticipatory bail
Bihar Excise Act
liquor seizure
clean antecedent
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23141 of 2026
                      Arising Out of PS. Case No.-372 Year-2025 Thana- NARHATT District- Nawada
                 ======================================================
                 Kajal Kumari W/O Suraj Kumar Resident of Village - Karigidhi, Police
                 Station- Sirdala,Dist- Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sunil Kumar
                 For the Opposite Party/s :      Mr.Pradeep Narain Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-04-2026               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 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 15 litres of liquor from two

                   motorcycles.

                             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.23141 of 2026(2) dt.08-04-2026
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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 the 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 Narhat P.S. Case No. 372 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.23141 of 2026(2) dt.08-04-2026
                                                          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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