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Patna High Court

NiranjanaversusThe 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, 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

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
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          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
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                      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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