Patna High Court

Apsana KhatunversusThe State of Bihar

Decided: 2 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of her antecedents and compliance with the stipulated conditions.

Summary

The petitioner, Apsana Khatun, sought anticipatory bail after a seizure of 15,600 litres of liquor from a motorcycle she owned, alleging she was unaware of her friend's misuse of the vehicle and had no possession of the liquor. The State opposed the bail, citing offences under Sections 30(a), 32(i)(iii), and 41(i)(ii) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The court noted the petitioner’s clean antecedent, her gender, and the lack of direct involvement in the seizure, and therefore granted provisional anticipatory bail subject to a modest bond and sureties. The order directed the trial court to verify her criminal record and confirm the bail if no antecedent is found, otherwise to revoke it. The decision reflects the principle that mere ownership of a vehicle used in an offence does not automatically warrant arrest if the owner is not complicit.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite the alleged involvement in an offence under the Bihar Prohibition and Excise (Amendment) Act, 2022.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
excise law
liquor seizure
vehicle ownership
clean antecedent
women

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5158 of 2026
                  Arising Out of PS. Case No.-435 Year-2025 Thana- Excise P.S. District- Kaimur (Bhabua)
                 ======================================================
                 Apsana Khatun Daughter of Mirja Kuraisi @ Miraj Kuraishi Resident of
                 Village- Ramgarh, Po and P.S.- Ramgarh, District- Kaimur (Bhabua)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Manish Kumar No 13
                 For the Opposite Party/s :         Mr. Pradeep Narain Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence punishable under Sections 30(a), 32(i)

                   (iii), 41(i)(ii) of Bihar Prohibition and Excise (Amendment) Act,

                   2022.

                                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 15.600 litres of liquor from a

                   motorcycle. It is next submitted 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 vehicle. It is next submitted that no

                   prudent person would use her own vehicle for committing an
Patna High Court CR. MISC. No.5158 of 2026(2) dt.02-02-2026
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          occurrence and thus would create evidence against herself and

          hence would get implicated. It is also submitted that the

          petitioner was completely unaware that her friend would misuse

          his vehicle in the manner as alleged who also fled from the spot.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 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 Bhabua

          Excise P.S. Case No.435/2025, subject to the conditions as laid

          down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed her antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.5158 of 2026(2) dt.02-02-2026
                                                         3/3




                       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)
amit/-

U        T

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