Patna High Court
Pratima SinhaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner may be released on provisional anticipatory bail subject to conditions and verification of her antecedent.
Summary
Petitioner Pratima Sinha, owner of a vehicle, feared arrest in a case under Sections 30(a) and 41(1) of the Bihar Excise Act relating to the seizure of 1987.2 litres of liquor and Rs. 4,700 from an oil tanker and three vehicles. She argued that she was not present at the spot, had no conscious possession of the liquor, and was unaware that a co‑accused would misuse her vehicle. The State opposed her prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditioned on verification of her criminal antecedent within six weeks, after which the order may be confirmed or set aside.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the inherent powers of the High Court in a case under the Bihar Excise Act.
- Whether ownership of a vehicle used in the alleged offence makes the petitioner liable for anticipatory bail.
- Whether the petitioner’s criminal antecedent must be verified before confirming anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 41(1)
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- liquor seizure
- vehicle ownership
- clean antecedent
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45468 of 2026
Arising Out of PS. Case No.-901 Year-2025 Thana- FATUA District- Patna
======================================================
Pratima Sinha W/o Uma Shankar Pandey Resident of Village- Simli, P.S.-
Patna City, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarfraz Ahmad, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Rabindra Kumar.
2. The petitioner apprehends her arrest in a case
registered for the offences punishable under Sections 30(a) and
41(1) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 1987.2 liters of liquor from an Oil
Tanker and three different vehicles along with Rs. 4700 was
seized.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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 one of the
Patna High Court CR. MISC. No.45468 of 2026(2) dt.09-07-2026
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seized vehicles. It is next submitted that no prudent person
would use her own vehicle for committing an occurrence and
thus would create evidence against herself and hence would get
implicated, it is also submitted that petitioner was completely
unaware that Ranjeet would misuse the vehicle in the manner as
alleged who was also apprehended from the spot along with
other accused persons. It is next submitted that it is not the case
of the prosecution that they saw a woman fleeing from the place
of occurrence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds 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 Fatuha
P.S. Case No. 901 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
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Court shall verify 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 seeking anticipatory bail, had concealed her
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if 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)
Rishabh/-
U T
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