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Patna High Court

Ragini KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.41477 of 2026(2) dt.01-07-2026
                                                       3/3




                     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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