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Patna High Court

Puja KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties and verification of antecedent.

Summary

Puja Kumari applied for anticipatory bail after a case was registered under Sections 274, 275 and 317(5) of the B.N.S. and Section 30(a) of the Excise Act for the alleged recovery of 80 litres of liquor and a motorcycle from a location behind a hut. She asserted that she has a clean antecedent, is a woman, and was not in possession of the seized items; the vehicle involved belonged to her but she claimed she was unaware that a friend would misuse it. The State opposed the bail, arguing the seriousness of the offences. The Court, considering the submissions, directed that she be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of her antecedent under Section 438(2) of the Cr.P.C. The order also stipulated that if any prior case is discovered, the bail would be revoked, otherwise it would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 Cr.P.C. in a case involving alleged possession of liquor and a vehicle under the B.N.S. and Excise Act.
  • Whether ownership of the vehicle and alleged association with the crime disqualify the petitioner from anticipatory bail.
  • Whether the petitioner’s claim of a clean antecedent is sufficient for granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • bail bond
  • clean antecedent
  • vehicle ownership
  • liquor seizure
  • Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24420 of 2026
                     Arising Out of PS. Case No.-336 Year-2025 Thana- RAGHOPUR District- Vaishali
                 ======================================================
                 Puja Kumari D/o Santosh Sah Resident of Village- Jhakhara Shekh, P.S.-
                 Karja, District- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shyameshwar Kumar Singh
                 For the Opposite Party/s :       Ms.Indu Kumari Srivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of her

                   arrest in a case registered for the offences punishable under

                   Sections 274, 275 and 317(5) of the B.N.S. and Section 30(a) of

                   the Excise Act.

                                3. The 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 80 litres of liquor and one

                   motorcycle from a place behind the hut of Santosh Rai.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from her conscious possession and he came to be

                   implicated based on the fact that she is owner of the seized
Patna High Court CR. MISC. No.24420 of 2026(2) dt.20-04-2026
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          vehicle. It is next submitted that no prudent person would use

          her own vehicle for committing a crime 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 next 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. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of her arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on her furnishing bail-bonds in the

          sum 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

          Raghopur (Rustampur) P. S. Case No.336 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.24420 of 2026(2) dt.20-04-2026
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                         accepting the provisional bail bonds of the petitioner 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 obtaining

                         anticipatory bail had concealed her 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

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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