Patna High Court
Teresa ToppoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
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
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- B.N.S.S. — s. 482(2)
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
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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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