Patna High Court
Zeba NaazversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 47
- B.N.S.S. — s. 482(2)
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
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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
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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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