Patna High Court
Anwara BegumversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to provisional anticipatory bail, subject to verification of her criminal antecedents.
Summary
Anwara Begum, the owner of a motorcycle from which 0.650 ml of liquor was recovered, feared arrest under Sections 30(a) and 32(3) of the Bihar Excise Act. She argued that she had no knowledge of the liquor being in the vehicle, had a clean criminal record, and was not in possession of the contraband. The State opposed her request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that she furnish a bail bond of Rs. 500 with two sureties and that the trial court verify her antecedents. The order stipulated that if any prior case is discovered, the bail would be deemed concealed and the provisional order would not be confirmed; otherwise, it would be confirmed. The decision reflects the court's discretion under Section 482(2) of the BNSS to prevent undue arrest while ensuring verification of the petitioner’s background.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act.
- Whether the petitioner’s ownership of the vehicle and lack of possession of liquor justify granting bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28407 of 2026
Arising Out of PS. Case No.-844 Year-2023 Thana- Excise P.S. District- Kishanganj
======================================================
Anwara Begum D/o Muzaffar Resident of Paharbasti, Kachna Dhantola, PS -
Islampur, Distt. - Uttar Dinajpur, West Bengal(State).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Md Jubair Ansari
For the Opposite Party/s : Ms.Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-04-2026 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 30(a) and
32(3) 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 0.650 ml 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
Patna High Court CR. MISC. No.28407 of 2026(2) dt.29-04-2026
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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 Md. Sayad would misuse the vehicle in the manner as
alleged, who was also apprehended from the spot along with
Shyam. It is also submitted that it is not the case of the
prosecution that they saw fleeing a woman 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 Excise Kishanganj P.S. Case No. 844 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
Patna High Court CR. MISC. No.28407 of 2026(2) dt.29-04-2026
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then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed her antecedent before this
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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