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Patna High Court

Pinki KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of her antecedents.

Summary

Pinki Kumari applied for anticipatory bail in a case registered under Section 30(a) of the Excise Act for the alleged recovery of 10.620 litres of liquor from a spot adjacent to her house. She asserted that she has a clean antecedent, was not in possession of the liquor, and was falsely implicated by a watchman who had a personal dispute with her husband. The State opposed the bail. The Court, considering her gender, lack of possession, and the possibility of false implication, 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 438(2) of the Cr.P.C. The order was conditioned that if any prior case is found, the bail would be cancelled; otherwise it would be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 of the Criminal Procedure Code in a case under Section 30(a) of the Excise Act.
  • Whether the alleged false implication and absence of possession justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30 Excise Act
  • Section 438 CrPC
  • false implication
  • clean antecedent
  • gender

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28947 of 2026
                      Arising Out of PS. Case No.-69 Year-2026 Thana- NAANPUR District- Sitamarhi
                 ======================================================
                 Pinki Kumari W/O Bhartendu Kumar R/o- Ward No. 07, Gaura. P.S-Nanpur,
                 District- Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Md Danish Quamar
                                                  Ms.Madiha Moneer
                 For the Opposite Party/s :       Mr.Raj Ballabh Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-04-2026                   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 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 10.620 litres of liquor from a

                   place in front of door of the house of Bhartendu Kumar.

                                 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 even alleged

                   recovery is from a place, which does not belong to the
Patna High Court CR. MISC. No.28947 of 2026(2) dt.30-04-2026
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          petitioner, but then is adjacent to her house and she came to be

          implicated at the instance of Chaukidar with whom her husband

          Bhartendu is on an inimical term. It is also submitted that

          Chaukidar with an intent to coerce Bhartendu into submission

          falsely implicated the petitioner.

                       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 Thousand) 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 Nanpur P. S. Case No.69 of 2026, 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

          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
               Patna High Court CR. MISC. No.28947 of 2026(2) dt.30-04-2026
                                                           3/3




                         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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