Created by Fuzzy Cloud

Patna High Court

Sima Kumari @ Seema KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of her antecedent.

Summary

The petitioner, Sima Kumari, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for the alleged recovery of 3.060 litres of liquor from a motorcycle she owned. She argued that she had no conscious possession of the liquor, was unaware of her friend's misuse of the vehicle, and has a clean criminal record. The State opposed her request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of her antecedent by the trial court. If any prior case is found, the bail would be presumed concealed and the order would not be confirmed; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the applicable provisions.
  • Whether the petitioner’s ownership of the vehicle suffices to establish culpability under the Bihar Excise Act.
  • Whether the petitioner’s alleged clean antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • vehicle ownership
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31011 of 2026
                    Arising Out of PS. Case No.-152 Year-2026 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Sima Kumari @ Seema Kumari W/o Brij Kishor Yadav R/o Village-
                 Rampurwa, Sidhwaliya, P.S - Mahammadpur, District - Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Indrajeet Bhushan
                 For the Opposite Party/s :        Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his 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

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 3.060 liters of liquor from a

                   motorcycle.

                                4. Learned      counsel for the petitioner submits that

                   petitioner was not apprehended 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.31011 of 2026(2) dt.07-05-2026
                                            2/3




          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. It is next 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 before the learned Trial Court

          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

          Muzaffarpur Excise P.S. Case No. 152 of 2026 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
            Patna High Court CR. MISC. No.31011 of 2026(2) dt.07-05-2026
                                                        3/3




                      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)
Rishabh/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.