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 bond, sureties and verification of her antecedents.
Summary
Pinki Kumari, the wife of Krishna Kumar, sought anticipatory bail after being implicated in a case involving the alleged recovery of 30.48 litres of liquor from a motorcycle registered in her name. She argued that she had no knowledge of the vehicle's misuse, had no liquor in her possession, and possessed a clean criminal record. The State opposed the bail, contending that the offences under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Excise Act were serious. The Court, after hearing both sides, granted provisional anticipatory bail subject to a modest bond and two sureties, and ordered verification of her antecedents. It further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, the provisional order would be made final.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Sections 272, 273 IPC and Section 30(a) Bihar Excise Act
- Whether ownership of the vehicle used in the alleged offence suffices to implicate the petitioner
- Whether the petitioner’s clean antecedent warrants grant of bail
Legislation cited
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- IPC sections 272
- IPC sections 273
- Bihar Excise Act
- vehicle ownership
- clean antecedent
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26662 of 2026
Arising Out of PS. Case No.-222 Year-2023 Thana- BASOPATTI District- Madhubani
======================================================
Pinki Kumari Wife of Krishna Kumar Resident of Village- Basukibihari, P.S.-
Madhwapur, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shailendra Kumar Jha
For the Opposite Party/s : Ms.Meena Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-04-2026 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 Sections 272 and
273 of the IPC 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
allegation is of recovery of 30.48 litres of liquor from a
motorcycle.
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 the seized
vehicle. It is next submitted that no prudent person would use
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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 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 Basopatti P.S. Case No. 222 of 2023, 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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