Patna High Court
Rina KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of her antecedent.
Summary
The petitioner, Rina Kumari, sought anticipatory bail after a police case was registered under Section 30(a) of the Bihar Excise Act for the alleged recovery of 80 litres of liquor from a motorcycle she owned. She argued that she had no knowledge of the liquor being in the vehicle and was not in possession, asserting her clean antecedent and that the actual offender, Raju, was apprehended at the spot. The State opposed the bail, contending the vehicle's ownership implicated her. The Court, considering the petitioner's lack of direct involvement, clean record, and the principle that ownership alone does not constitute participation, granted provisional anticipatory bail subject to a bond and sureties, and conditioned confirmation on verification of her antecedent. The order also stipulated that any undisclosed prior case would lead to denial of confirmation.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether ownership of the vehicle used in the alleged offence suffices to implicate the owner without proof of possession or knowledge.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Instruments (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- clean antecedent
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37075 of 2026
Arising Out of PS. Case No.-249 Year-2025 Thana- PARANDABAR District- Nawada
======================================================
Rina Kumari W/o Rajesh Chaudhary Resident of Village - Bageshwari
Majhauli, P.S.- Parnadabar, District - Nawada Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akhilesh Kumar
For the Opposite Party/s : Mr. Braj Kishore Pd.(App)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offences punishable under Section 30(a) 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 80 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
her own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.37075 of 2026(2) dt.16-06-2026
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create evidence against herslf and hence would get implicated, it
is further submitted that petitioner was completely unaware that
Raju would misuse the vehicle in the manner as alleged who
was also apprehended from the spot.
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
Parnadabar P.S. Case No. 249 of 2025 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 seeking anticipatory bail, had concealed her
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.37075 of 2026(2) dt.16-06-2026
3/3
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
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