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Patna High Court

Seuti Khatun @ Seuti KhauthversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to conditions and verification of her antecedent.

Summary

The petitioner, Seuti Khatun, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for allegedly possessing 0.375 litres of liquor recovered from a scooty she owned. She argued that she had a clean antecedent, was not in possession of the liquor, and was unaware that her brother misused the vehicle. The State opposed her request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and directed verification of her criminal antecedent. If any prior case is found, the bail will be cancelled; otherwise, the provisional order will be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
  • Whether the petitioner’s clean antecedent and lack of possession justify granting bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor possession
  • vehicle ownership
  • clean antecedent
  • provisional bail
  • Section 30
  • Section 32
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40622 of 2026
                     Arising Out of PS. Case No.-388 Year-2026 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Seuti Khatun @ Seuti Khauth D/o Shamsul R/o Village - Ruhia, P.S -
                 Islampur, District - Uttar Dinajpur (W.B)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Rajeev Ranjan, Advocate
                 For the Opposite Party/s :         Mr. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   24-06-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   32(3) 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 0.375 liters of liquor 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

                   her own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.40622 of 2026(2) dt.24-06-2026
                                            2/3




          create evidence against herself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          her brother, Shaukat, would misuse the vehicle in the manner as

          alleged who was also apprehended from the spot along with

          Izabul. 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, 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 Madya

          Nisedh P.S. Case No. 388 of 2026 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
            Patna High Court CR. MISC. No.40622 of 2026(2) dt.24-06-2026
                                                        3/3




                      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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