Patna High Court
Shaida KhatunversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds, sureties, and verification of her criminal antecedents.
Summary
Shaida Khatun, the petitioner, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018, where 57,600 litres of liquor were allegedly recovered from a motorcycle she owned. She argued that she had no conscious possession of the liquor, had a clean antecedent, and was unaware that a friend misused her vehicle. The State opposed her anticipatory bail application. The High Court, after considering the submissions, directed that she be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 and two sureties, subject to verification of her antecedents under Section 482(2) of the B.N.S.S. The order stipulated that if any prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the alleged recovery of liquor from a vehicle she owned.
- Whether the petitioner’s lack of conscious possession and clean antecedent justify granting anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30
- liquor seizure
- vehicle ownership
- clean antecedent
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57042 of 2025
Arising Out of PS. Case No.-53 Year-2021 Thana- BHORE District- Gopalganj
======================================================
Shaida Khatun Son of Badshah Ansari R/o Village - Rampur Jaga, P.S. -
Gopalpur, District - Gopalganj, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Indrajeet Bhushan, Advocate
For the Opposite Party/s : Mr. Binod Kumar No.-III, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends her arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2018.
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 57.600 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 his own vehicle for
committing an occurrence and thus, would create evidence
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against himself and hence, would get implicated. It is also
submitted that petitioner was completely unaware that her friend
would misuse the vehicle in the manner as alleged.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, 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 District &
Additional Sessions Judge-XIII-cum-Special Excise Court No.-
I, Gopalganj in connection with Bhore P.S. Case No.53 of 2021,
subject to the conditions laid down under Section 482(2) of the
B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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 obtaining
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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)
Sanjay/-
U T
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