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Patna High Court

Teresa ToppoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner, being the vehicle owner with no personal involvement and a clean antecedent, is entitled to anticipatory bail subject to conditions.

Summary

Teresa Toppo, the owner of a Swift Dezire car, was implicated in an excise case after 180 litres of illegal liquor were seized from the vehicle during a routine check. The petitioner was not present at the time of seizure and her name appeared in the case solely because she owned the car, which she had rented to a travel company. She applied for anticipatory bail, arguing her clean antecedent and lack of personal involvement. The State opposed the bail, citing the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The court, after considering the facts, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and verification of her criminal antecedent under Section 482(2) of the B.N.S.S. The order also allowed the bail bond to be cancelled if a concealed antecedent is discovered.

Issues considered

  • Whether the owner of a vehicle from which illegal liquor is seized, but who was not present at the time, is entitled to anticipatory bail.
  • Whether the clean antecedent and gender of the petitioner justify granting bail despite the alleged offences under the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illegal liquor
  • vehicle ownership
  • clean antecedent
  • Section 482
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34028 of 2026
                        Arising Out of PS. Case No.-928 Year-2025 Thana- Excise P.S. District- Gaya
                 ======================================================
                 Teresa Toppo D/o Karlus Toppo, W/O Somnath Pradhan Resident of Village-
                 12, Bagalpur, Niche Tola, P.S.- Pundag, District- Ranchi. at Present-
                 Tokiduba, Koche Dega, Post- Kochdega, P.S.- Simdega, Jharkhand, Pin-
                 835223

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :         Md. Anzarul Haque Sahara, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   18-05-2026                  Heard the learned counsel for the petitioner and the

                   learned A.P.P. appearing for the State.

                                2. The petitioner apprehends her arrest in connection

                   with Excise Sadar P.S. Case No.928 of 2025, for allegedly

                   having committed offences under Sections 30(a) and 32(3) of

                   the Bihar Prohibition and Excise Act.

                                3. As per the prosecution story, which has been lodged

                   on the basis of the written report of the informant, to the effect

                   that on 24.08.2025, routine checking of vehicles coming from

                   Jharkhand was being done. At 02:10 a.m., a white car was

                   stopped for checking. Two people were found inside the car who

                   disclosed their names as Keshav Kumar Choudhary, the driver

                   and Janaki Choudhary, who was sitting besides the driver. On
Patna High Court CR. MISC. No.34028 of 2026(2) dt.18-05-2026
                                            2/3




          search of the four wheeler, a white coloured trunk was found in

          the Swift Dezire Car, bearing Registration No.JH-1EY-4067 and

          on search total 180 litres of illegal liquor was recovered from

          the said car. The car along with the liquor was seized.

                       4. The learned counsel for the petitioner submits that

          the petitioner is the owner of the Swift Dezire Car, from which

          180 litres of illegal liquor is said to have been recovered. The

          petitioner was not present at the place of occurrence and her

          name has transpired in the case only due to the fact that she is

          the owner of the vehicle in question, from which alleged seizure

          of liquor has been made. It is further submitted that the

          petitioner had given the said car on rental basis to a tour and

          travel company. He further submits that the petitioner has got a

          clean antecedent and she is a lady.

                       5. The learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioner.

                       6. Having heard the learned counsel for the parties

          and after going through the records, it appears that from the car,

          180 litres of illegal liquor has been recovered and two persons

          were arrested. The petitioner was not present at the place of

          occurrence and her name has transpired in the present case,

          since she is owner of the car in question from which the seizure
               Patna High Court CR. MISC. No.34028 of 2026(2) dt.18-05-2026
                                                           3/3




                         of liquor has been made. The petitioner has got a clean

                         antecedent and she is a lady.

                                      7. Taking into consideration the facts aforesaid, let the

                         petitioner, above-named, in the event of her arrest or surrender

                         within a period of six weeks, be released on bail on furnishing

                         bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                         sureties of the like amount each to the satisfaction of the learned

                         court of Exclusive Special Excise Court No.3, Gaya in

                         connection with Excise Sadar P.S. Case No.928 of 2025, subject

                         to the conditions laid down under Section 482(2) of the B.N.S.S.

                         with a further condition that:-

                                      The learned court concerned shall verify the criminal

                         antecedent of the petitioner and in case at any stage it is found

                         that the petitioner has concealed her criminal antecedent, the

                         court concerned shall take steps for cancellation of bail bond of

                         the petitioner. However, the acceptance of bail bond in terms of

                         the above-mentioned order shall not be delayed for purpose of

                         or in the name of verification.


                                                     (Ritesh Kumar, J.)

Sanjay/-

U          T


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