Patna High Court
Sakila KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted conditionally, subject to verification of the petitioner’s antecedent and compliance with the stipulated bail bond conditions.
Summary
The petitioner, Sakila Khatoon, applied for anticipatory bail in a case where 47.115 litres of liquor were seized from an auto she owned, alleged to be a violation of Section 317(2) of the B.N.S. and Section 30(a) of the Excise Act. She argued that she had no prior criminal record, was not present at the scene, and had no knowledge of the driver’s alleged misuse of her vehicle. The State opposed the bail, contending the seriousness of the offences. The High Court, after considering the submissions, directed that she be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of her antecedents under Section 482(2) of the BNSS. The court clarified that if any prior case is discovered, the bail would be withdrawn; otherwise, the provisional order would be confirmed. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged liquor seizure under Section 317(2) of the B.N.S. and Section 30(a) of the Excise Act.
- Whether ownership of the vehicle used in the alleged offence implicates the owner for bail considerations.
- Whether the petitioner’s clean antecedent is a condition for confirming anticipatory bail.
Legislation cited
- B.N.S. — s. 317(2)
- Code of Criminal Procedure, 1973 — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 317
- Section 30
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25146 of 2026
Arising Out of PS. Case No.-23 Year-2026 Thana- BHUTAHI District- Sitamarhi
======================================================
Sakila Khatoon W/O Mohmmad Jafar Resident of Village- Nisarpura Lock,
Police Station-Naubatpur, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-04-2026 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
Section 317(2) of 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 47.115 litres of liquor from an
auto.
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 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
Patna High Court CR. MISC. No.25146 of 2026(2) dt.21-04-2026
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her own vehicle for committing a crime and thus, would create
evidence against herself and hence, would get implicated. It is
also submitted that it is not the case of the prosecution that they
saw any woman fleeing from the place of of occurrence. It is
further submitted that petitioner was completely unaware that
driver would misuse the vehicle in the manner as alleged who
also fled from the spot.
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
Bhutahi P. S. Case No.23 of 2026, subject to the conditions laid
down under Section 482(2) of the BNSS.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.25146 of 2026(2) dt.21-04-2026
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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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