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Patna High Court

Manju KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.6923 of 2026(2) dt.19-02-2026
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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
               Patna High Court CR. MISC. No.6923 of 2026(2) dt.19-02-2026
                                                           3/3




                         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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