Patna High Court
Manju KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that anticipatory bail may be granted where the accused lacks conscious possession of the contraband and has a clean antecedent, subject to verification and conditions under Section 438(2) Cr.P.C.
Summary
Manju Kumari applied for anticipatory bail under Section 438 of the Cr.P.C. after a case was registered against her under Section 30(a) of the Excise Act for the alleged recovery of 36 litres of liquor from a motorcycle she owned. She argued that she had no conscious possession of the liquor, that her husband and another person were apprehended at the spot, and that she has a clean criminal antecedent. The State opposed the bail. The Court considered her lack of knowledge, the absence of any seized contraband from her person, and her clean record, and directed that she be released on provisional anticipatory bail subject to bail bonds and verification of antecedent. The order also stipulated that if any antecedent is discovered, the bail would not be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in a case of alleged possession of liquor under Section 30(a) of the Excise Act.
- Whether the petitioner’s lack of conscious possession and clean antecedent justify granting bail.
Legislation cited
- Cr.P.C. — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Excise Act
- Section 30(a)
- liquor seizure
- clean antecedent
- gender considerations
- motor vehicle ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6923 of 2026
Arising Out of PS. Case No.-135 Year-2025 Thana- KHIRHAR District- Madhubani
======================================================
Manju Kumari W/o Saroj Ram R/o vill - Mangapatti, Bishaul, P.S.- Harlakhi,
Distt.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah
Ms. Archna Aanand
Mr. Sumit Kumar Singh
For the Opposite Party/s : Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of her
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The 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 36 litres of liquor from a
motorcycle.
4. The learned counsel for the petitioner submits 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
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motorcycle. It is next submitted that no prudent person would
use her own vehicle for committing a crime and thus, would
create evidence against herself and hence, would get implicated.
It is further submitted that petitioner was completely unaware
that Saroj Ram her husband would misuse the vehicle in the
manner as alleged as he was also apprehended at the spot along
with Turanta Kumar.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 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 Trial Court
where the case is pending/successor Court in connection with
Khirhar P. S. Case No.135 of 2025, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
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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
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)
vikash/-
U T
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