Patna High Court
NiranjanaversusThe 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 antecedent.
Summary
The petitioner, Niranjana, sought anticipatory bail fearing arrest in a case under Sections 30(a), 38 and 56(d) of the Bihar Excise Act for alleged recovery of 133.100 litres of liquor from a car she owned. She argued that she had no knowledge of the driver’s alleged misuse of the vehicle and that no liquor was found in her personal possession. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that she furnish a bail bond of Rs.500 with two sureties and that the trial court verify her criminal antecedent within six weeks. If any antecedent is discovered, the bail would be cancelled; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the alleged involvement in an excise offence.
- Whether ownership of the vehicle used for the alleged offence suffices to attract criminal liability.
- Whether the petitioner’s clean antecedent is a condition for confirming anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 38, 56(d)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40953 of 2026
Arising Out of PS. Case No.-343 Year-2019 Thana- SOHSARAI District- Nalanda
======================================================
Niranjana Wife of Resident of village - Prabhat Colony, Chas (Bokaro),
Police Station - Chas, District - Bokaro, Jharkhand.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar Singh, Advocate
For the Opposite Party/s : Ms. Anita Kumari, 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 her arrest in a case
registered for the offences punishable under Sections 30(a), 38
and 56(d) 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 133.100 liters of liquor from a car.
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.40953 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 driver would misuse the vehicle in the manner as alleged
who also fled from the spot.
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 Sohsarai
P.S. Case No. 343 of 2019 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 seeking anticipatory bail, had concealed her
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.40953 of 2026(2) dt.24-06-2026
3/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.