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Patna High Court

Anwara BegumversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                          3/3




                        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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