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Patna High Court

Tamanna ParweenversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                        3/3




                                   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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