Patna High Court
Manju KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a), 32(3)
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
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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/-
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