Created by Fuzzy Cloud

Patna High Court

Nitu KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to provisional anticipatory bail subject to verification of her criminal antecedents.

Summary

The petitioner, Nitu Kumari, was implicated in a case involving the seizure of 108 litres of liquor from three vehicles, alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. She argued that she had no prior criminal record, was not present at the spot of seizure, and was unaware that her vehicle was misused by another individual. The State opposed her request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and directed verification of her antecedents under Section 482(2) of the CrPC. The order stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 30(a)
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37920 of 2026
                   Arising Out of PS. Case No.-152 Year-2025 Thana- Excise Benipatti District- Madhubani
                 ======================================================
                 Nitu Kumari S/o Chandan Paswan Resident of Village - Ladaut, P.S. -
                 Benipati, Dist. - Madhubani(Bihar).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Shailendra Kumar Jha
                 For the Opposite Party/s :         Mr. Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-06-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2018.

                                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 108 litres of liquor from three

                   different vehicles. 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 one 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
Patna High Court CR. MISC. No.37920 of 2026(2) dt.29-06-2026
                                            2/3




          against herself and hence would get implicated. It is also

          submitted that the petitioner was completely unaware that Sunil

          would misuse the vehicle in the manner as alleged who was also

          apprehended from the spot along with Indrajeet.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of her arrest or surrender 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 Benipatti P.S. Case No.152 of 2025, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed her antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.37920 of 2026(2) dt.29-06-2026
                                                         3/3




                       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.



                                                 (Satyavrat Verma, J)
amit/-

U        T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.