Patna High Court
Nitu KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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
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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
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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
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