Patna High Court
Tamanna ParweenversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of her criminal antecedent.
Summary
Petitioner Tamanna Parween, a woman with no prior criminal record, sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Excise Act for the alleged recovery of two litres of codeine cough syrup from a scooter she owned. She argued that the seized contraband was not in her conscious possession and that she was not seen fleeing the scene, contending that ownership of the vehicle alone should not implicate her. The State opposed the bail, but the court noted the absence of any indication that a woman was observed at the incident and considered her clean antecedent. The court granted provisional anticipatory bail, subject to a bail bond of Rs. 500 with two sureties and conditioned on verification of her criminal antecedent by the trial court. If any antecedent is found, the bail may be revoked; otherwise, it will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether ownership of the vehicle from which the contraband was recovered suffices to implicate the petitioner.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic and Substance (BNSS) Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- codeine cough syrup
- vehicle ownership
- criminal antecedent
- Section 482(2)
- provisional bail
- women
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37909 of 2026
Arising Out of PS. Case No.-210 Year-2026 Thana- ARARIA District- Araria
======================================================
Tamanna Parween D/o- Ibrahim, W/o- Rahim R/v- Gaiyari, ward no. 13, P.S-
Araria Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 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 2 liters codeine cough syrup from a
Scooty.
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
Patna High Court CR. MISC. No.37909 of 2026(2) dt.17-06-2026
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her own vehicle for committing an occurrence and thus would
create evidence against herself and hence would get implicated,
it is further submitted that during the course of investigation, the
witnesses have disclosed the name of her husband who fled
from the place of occurrence. It is next submitted that it is not
the case of the prosecution that they saw a woman fleeing from
the place of occurrence.
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 and taking into consideration the fact
that petitioner is a woman and the FIR does not disclose that a
woman was seen fleeing from the place of occurrence, 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 Araria Town P.S. Case No. 210 of 2026 subject
to the conditions as laid down under Section 482 (2) of the
BNSS.
Patna High Court CR. MISC. No.37909 of 2026(2) dt.17-06-2026
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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 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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