Patna High Court
Asha SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents.
Summary
The petitioner, Asha Singh, sought anticipatory bail after a police case was registered under Section 30(a) of the Bihar Excise Act for the recovery of 1.875 litres of liquor from a scooter she owned. She argued that she was not present at the scene, the liquor was not in her conscious possession, and she was unaware that a friend misused her vehicle, who subsequently fled. The State opposed the bail, contending that the offence warranted arrest. The High Court, considering the petitioner's clean antecedent and the circumstances, granted provisional anticipatory bail subject to a Rs. 500 bond, two sureties, and verification of her criminal record by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether ownership of the vehicle used in the alleged offence suffices to justify arrest.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- ownership of vehicle
- clean antecedent
- provisional bail
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5928 of 2026
Arising Out of PS. Case No.-763 Year-2024 Thana- SHASTRINAGAR District- Patna
======================================================
Asha Singh W/o Rakesh Kumar Singh Resident of Aam Bagicha, Mahadev
Puri, Singh Mansoon, P.O.- G.P.O., P.S.- Gardanibagh, Distt.- Patna (Bihar)
800001, Aadhar No. 355958508166
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Roushan Kumar
For the Opposite Party/s : Mr.Shailendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 1.875 litres of liquor from a Scooty.
4. Learned counsel for the petitioner submits that the
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
Patna High Court CR. MISC. No.5928 of 2026(2) dt.03-02-2026
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her own vehicle for committing an occurrence and thus would
create evidence against herself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that her friend would misuse the vehicle in the manner as
alleged, who also fled from the spot. It is also submitted that it
is not the case of the prosecution that they saw woman fleeing.
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 his 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 Shastri
Nagar P.S. Case No. 763 of 2024, subject to the conditions as
laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial 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
Patna High Court CR. MISC. No.5928 of 2026(2) dt.03-02-2026
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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)
Sumit/-
U T
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