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Patna High Court

Zeba NaazversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to provisional anticipatory bail, subject to conditions and verification of her antecedents.

Summary

The petitioner, Zeba Naaz, sought anticipatory bail after being implicated in a case under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016 for the alleged recovery of 171 litres of liquor from a vehicle she owned. She argued that she had a clean antecedent, was unaware of her driver’s alleged misuse of the vehicle, and that no liquor was found in her personal possession. The State opposed the bail, contending that ownership of the vehicle linked her to the offence. The Court, considering the petitioner’s clean record and lack of direct possession, granted provisional anticipatory bail subject to a bail bond, sureties, and verification of antecedents. The order further directed the petitioner to deposit a specified amount with the Advocates’ Association and stipulated that the bail would be confirmed only if the antecedent check remained clean.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner accused under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act, 2016.
  • Whether mere ownership of the vehicle used in the alleged offence is sufficient ground for arrest and denial of bail.
  • Whether the petitioner’s clean criminal antecedent warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • vehicle ownership
  • clean antecedent
  • Section 30(a)
  • Section 47
  • Bihar Prohibition and Excise Act
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3563 of 2026
                      Arising Out of PS. Case No.-100 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Zeba Naaz W/o Rijuyana Resident of village - Baburbag, Paschimada, House
                 no.- 34 P.s- Barddhaman, District- Barddhaman, west bengal

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Krishna Deo Raj, Advocate
                 For the Opposite Party/s :        Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends her arrest in a case registered

                   for the offences punishable under Sections 30(a) and 47 of Bihar

                   Prohibition and Excise Act, 2016.

                                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 171 litres of liquor from a Bolero

                   vehicle. It is next submitted that petitioner was not arrested 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 her own vehicle for committing an

                   occurrence and thus, would create evidence against herself and
Patna High Court CR. MISC. No.3563 of 2026(2) dt.29-01-2026
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          hence, would get implicated. It is also submitted that petitioner

          was completely unaware that her driver would misuse the

          vehicle in the manner as alleged, who also fled from the spot.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Excise Judge-II, Nawada in connection with Nawada Excise

          P.S. Case No.100 of 2025, subject to the conditions laid down

          under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond 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

          would be presumed that petitioner for the purposes of obtaining

          anticipatory bail had concealed her antecedent before this Court,
               Patna High Court CR. MISC. No.3563 of 2026(2) dt.29-01-2026
                                                           3/3




                         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.

                                      8. At this stage, learned counsel for the petitioner,

                         based on instruction, submits that petitioner undertakes to

                         deposit an amount of Rs.2500/- with Advocates’ Association,

                         Patna High Court within a period of two weeks from today.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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