Patna High Court

Vinita @ Vinita BhushanversusThe State of Bihar

Decided: 7 May 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The court granted anticipatory bail to the petitioner subject to a bail bond and statutory conditions.

Summary

The petitioner, Vinita, sought anticipatory bail after her name was linked to a case involving the recovery of 443.25 litres of illicit liquor seized from a vehicle registered in her name. She claimed innocence, stating the vehicle had been sold by her husband to a neighbour and that the transfer of ownership documents were not completed. The State opposed bail but acknowledged her clean criminal record and the existence of a sale agreement. The court, considering the circumstances, granted anticipatory bail on the condition of a Rs.30,000 bail bond and compliance with the provisions of the Bihar Prohibition and Excise (Amendment) Act, 2022 and BNSS, 2023. The order was subject to conditions under Section 482(2) of the BNSS, 2023.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the Bihar Prohibition and Excise (Amendment) Act, 2022 and BNSS, 2023 despite the recovery of illicit liquor from a vehicle registered in her name.

Legislation cited

BNSS, 2023 — s. 2(1)(d), 482(2)

Subjects

anticipatory bail
illicit liquor
vehicle ownership dispute
clean criminal antecedent
bail bond
section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30178 of 2026
                      Arising Out of PS. Case No.-324 Year-2023 Thana- DANIYAWAN District- Patna
                 ======================================================
                 Vinita @ Vinita Bhushan W/o Late Vinod Bhushan R/o - A-7, P.C Colony,
                 Near - Chandan Hero Showroom, Kankarbagh, District - Patna, Bihar -
                 800020

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amarnath Kumar, Advocate
                 For the Opposite Party/s :       Mr. Raj Ballabh Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   07-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Daniyawan P.S. Case No. 324 of 2023, dated 06.12.2023,

                   lodged under Sections 30(a), 32(2), 32(3), 36, 41(1) and 41(2)

                   of the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. As per the prosecution, total recovery of 443.25

                   litres of illicit liquor has been made, which is the subject matter

                   of the present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   further submits that the petitioner’s name has figured in this

                   case only for the reason that recovery has been made from the
Patna High Court CR. MISC. No.30178 of 2026(2) dt.07-05-2026
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          vehicle, and the alleged vehicle stands in the name of the

          petitioner. Counsel further submits that the criminal antecedent

          of the petitioner is clean, and it is the specific plea that the

          husband of the petitioner had sold the alleged vehicle to his

          neighbour,       namely,      Pappu      Singh.      In   this   regard,   an

          agreement/declaration has been attached as Annexure-P/2.

          Counsel further submits that the only mistake on the part of her

          husband was that the documents relating to transfer of

          ownership under the Motor Vehicles Act could not be

          completed. Counsel also submits that the petitioner belongs to a

          respectable family and is ready to fulfil all the conditions

          whatsoever may be imposed.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner, but fairly submits that the criminal

          antecedent of the petitioner is clean and Annexure-P/2 contains

          an agreement relating to the sale of the alleged vehicle.

                       6. Considering the facts and circumstances of the

          present case, let the above-named petitioner be released on

          anticipatory bail, in the event of arrest or surrender before the

          Trial Court within a period of 4 weeks from today, on furnishing

          bail bond of Rs.30,000/- (Rupees Thirty Thousand) as

          mentioned in Section 2(1)(d) of the BNSS, 2023 to the
          Patna High Court CR. MISC. No.30178 of 2026(2) dt.07-05-2026
                                                      3/3




                    satisfaction of Special Judge, Excise, Patna City, in connection

                    with Daniyawan P.S. Case No. 324 of 2023, subject to the

                    conditions as laid down U/s 482(2) of the BNSS, 2023.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T

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