Patna High Court
Ragini KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bail bond and conditions under Section 482 of the BNSS, 2023.
Summary
The petitioner, Ragini Kumari, applied for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, fearing arrest in a case alleging possession of 47.640 liters of liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner claimed innocence, a clean criminal record, and that no incriminating article was found in her conscious possession. The State opposed bail but also acknowledged the petitioner’s clean antecedent. The High Court, after considering the submissions, granted anticipatory bail conditioned on a Rs.30,000 bail bond as per Section 2(1)(d) of the BNSS, 2023, and ordered verification of the petitioner’s criminal antecedent, with cancellation of bail if concealment is discovered. The order directed that the bail bond be accepted without delay pending verification.
Issues considered
- Whether anticipatory bail can be granted under Section 482 of the BNSS, 2023 in the present liquor possession case
- Whether the petitioner’s claim of innocence and clean antecedent justifies the grant of bail
- Whether the conditions imposed, including verification of criminal antecedent and bail bond, are appropriate
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 2(1)(d), 482, 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- anticipatory bail
- Section 482
- BNSS 2023
- liquor possession
- Bihar Prohibition Act
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41477 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- SISWAN District- Siwan
======================================================
Ragini Kumari D/O Satyendra Prasad R/O Vill.- Dighwaliya, P.S-
Raghunathpur, Dist- Siwan, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Priyanshu Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard Learned Counsel for the petitioner and
Learned APP for the State.
2. The present criminal miscellaneous application has
been filed under Section 482 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 (hereinafter referred to as ‘the BNSS, 2023’) for
grant of anticipatory bail to the petitioner who apprehends arrest
in connection with Siswan P.S. Case No. 32 of 2026, lodged on
17.02.2026, under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
3. As per the prosecution, total recovery of 47.640
liters of foreign and indigenous liquor from the motorcycle of
the petitioner has been made, which is the subject matter of the
present case.
4. Learned Counsel for the petitioner submits that the
Patna High Court CR. MISC. No.41477 of 2026(2) dt.01-07-2026
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petitioner is innocent and has committed no offence. He submits
that the criminal antecedent of the petitioner is clean. He
submits that petitioner has not been caught on spot nor any
incriminating article has been recovered from the conscious
possession of the petitioner. He further submits that petitioner is
ready to fulfill all the conditions whatsoever shall be imposed
upon him.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that antecedent of the
petitioner is clean.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of learned Principal District and Sessions Judge,
Siwan, in connection with Siswan P.S. Case No. 32 of 2026,
subject to the conditions as laid down U/s 482(2) of the BNSS,
2023.
7. And further condition that the Trial Court shall
verify the criminal antecedent of the petitioner and in case at
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any stage it is found that the petitioner has concealed his
criminal antecedent, the Trial Court shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Dr. Anshuman, J)
Mkr./Rakesh/-
U T
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