Patna High Court
Harshika Kumari VermaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 32(3)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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
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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/-
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