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Patna High Court

Harshika Kumari VermaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Harshika Kumari Verma, was named in an FIR for alleged illegal manufacture and trade of illicit liquor after 108 litres were recovered from a vehicle she owned. She contended that ownership of the vehicle did not prove her conscious possession or involvement in the offence and that the seizure list lacked independent witness support. The Additional Public Prosecutor opposed her anticipatory bail. The court noted the absence of material linking her directly to the seized liquor and considered her clean antecedent. Consequently, the court directed that she be released on anticipatory bail upon surrendering within four weeks, furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail is appropriate when the petitioner is implicated solely as the registered owner of the seized vehicle without evidence of conscious possession.
  • Whether the lack of independent witnesses to the seizure list affects the grant of bail.
  • Application of Section 438(2) of the CrPC and Section 482(2) of the BNSS in granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor trade
  • Bihar Prohibition and Excise Amendment Act
  • Section 438 CrPC
  • Section 482 BNSS
  • vehicle ownership
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44660 of 2026
                        Arising Out of PS. Case No.-174 Year-2026 Thana- Excise P.S. District- Gaya
                 ======================================================
                 Harshika Kumari Verma, Daughter of Ramesh Kumar Verma @ Ramesh
                 Kumar, Resident of Mohalla- H. No. 658B/Block, Dispensary Road, Near
                 Gudri Market, Sonari, PS- Sonari, District- East Singhbhum, Jharkhand

                                                                                        ... ... Petitioner
                                                         Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :         Mrs. Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   06-07-2026                      Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending her arrest in connection with Gaya Excise P.S.

                   Case No.174 of 2026 registered under Sections 30(a) and

                   32(3) of the Bihar Prohibition and Excise Amendment Act.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 108 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the seized illicit liquor was recovered from

                   a Car bearing Registration No. JH-05CD-5509. It is further
Patna High Court CR. MISC. No.44660 of 2026(2) dt.06-07-2026
                                            2/3




          submitted that the petitioner’s name has been surfaced in

          the present case solely on the ground that she is the

          registered owner of the seized vehicle, and not on the basis

          of any material demonstrating her conscious possession,

          involvement or complicity in the alleged offence. It is also

          pointed out that seizure list appears doubtful being not

          supported by independent witnesses rather than by police

          personnel. The petitioner claimed clean antecedent.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking note of fact as recovery of illicit liquor prima facie not

          appears to be made from physical possession of this

          petitioner, accordingly, the petitioner above-named, who is a

          lady of clean antecedent, in the event of her arrest or

          surrender in the court below within a period of four weeks

          from today, is directed to be released on bail on furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the

          learned Exclusive Special Excise Court No.-3, Gaya in
             Patna High Court CR. MISC. No.44660 of 2026(2) dt.06-07-2026
                                                         3/3




                       connection with Gaya Excise P.S. Case No.174 of 2026,

                       subject to the conditions as laid down under Section 438(2)

                       of the CrPC/under Section 482(2) of the BNSS.


                                                            (Chandra Shekhar Jha, J.)
    Raushan/-

U        T


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