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Patna High Court

Manju KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Anticipatory bail may be granted where the petitioner has a clean antecedent and is not in possession of the contraband, subject to verification of antecedent under Section 438(2) CrPC.

Summary

Manju Kumari, the wife of Kabindra Ram, applied for anticipatory bail after a car she owned was seized containing 391.200 litres of liquor, alleged under Sections 30(a) and 32(3) of the Excise Act. She argued that she was not present at the spot, had no knowledge of the driver’s misuse of the vehicle, and possessed a clean criminal record. The State opposed the bail, contending that the seizure implicated her ownership of the vehicle. The Court considered that ownership alone does not prove participation, noted her gender and clean antecedent, and applied the provisions of Section 438(2) of the CrPC. It directed that she be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of her antecedent. The Court further stipulated that if any prior case is discovered, the bail would not be confirmed. Consequently, the anticipatory bail application was allowed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438(2) of the CrPC in view of the alleged offences under Sections 30(a) and 32(3) of the Excise Act?

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • liquor seizure
  • clean antecedent
  • Section 438
  • owner liability
  • gender considerations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42110 of 2026
                     Arising Out of PS. Case No.-473 Year-2026 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Manju Kumari Wife of Kabindra Ram Resident of Village- Manhara,
                 Sukhasan Ward no. -10, P.S.- Madhepura, District- Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Ram Prawesh Kumar
                 For the Opposite Party/s :         Mr.Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-06-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of her

                   arrest in a case registered for the offences punishable under

                   Sections 30(a) and 32(3) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and is a woman

                   and allegation is of recovery of 391.200 litres of liquor from a

                   car.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested 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 car.

                   It is next submitted that no prudent person would use her own
Patna High Court CR. MISC. No.42110 of 2026(2) dt.30-06-2026
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          vehicle for committing a crime and thus, would create evidence

          against herself and hence, would get implicated. It is further

          submitted that petitioner was completely unaware that her driver

          would misuse the vehicle in the manner as alleged who also fled

          from the spot. It is not the case of the prosecution that they saw

          a woman fleeing from the place of occurrence.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on her furnishing bail-bonds in the

          sum 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.473 of 2026 giving rise to Special

          Case No.480 of 2026, subject to the conditions laid down under

          Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify
               Patna High Court CR. MISC. No.42110 of 2026(2) dt.30-06-2026
                                                           3/3




                         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 obtaining

                         anticipatory bail had concealed her antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, 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)
vikash/-

U          T


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