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Patna High Court

Kumud RaiversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedents.

Summary

Kumud Rai, a woman with a clean antecedent, sought anticipatory bail after the police seized 265.5 litres of liquor from a Scorpio vehicle she owned, alleging she was involved in an offence under Section 30(a) of the Bihar Prohibition and Excise Act. She argued she was not in possession of the liquor and was unaware that her driver misused the vehicle. The petition had a procedural defect concerning stitching, which the court ignored. The State opposed the bail. The High Court granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties and directing the trial court to verify her antecedents before confirming the bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the alleged seizure of liquor from her vehicle.
  • Whether the procedural defect of stitching in the petition warrants dismissal.
  • Whether the petitioner’s clean antecedent and lack of possession justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail bond
  • surety
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • vehicle seizure
  • liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76508 of 2025
                    Arising Out of PS. Case No.-292 Year-2024 Thana- ARA MUFFSIL District- Bhojpur
                 ======================================================
                 Kumud Rai W/O Akhilesh Resident of Patkhauli, Badraon, District- Mau,
                 Uttar Pradesh
                                                                       ... ... Petitioner/s
                                              Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Niraj Kumar Singh
                 For the Opposite Party/s :       Mr. Bharat Lal
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   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 Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that four

                   defects were pointed out by the office, out of which, three

                   defects have been removed and one of the defect with regard to

                   stitching of the petition is concerned, the same may be ignored.

                                4. In view of the submission made by the learned

                   counsel for the petitioner, the defect as pointed out by the office

                   with regard to stitching of the petition is hereby ignored.

                                5. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 265.5 litres of liquor from a Scorpio

                   vehicle. It is next submitted that petitioner was not arrested
Patna High Court CR. MISC. No.76508 of 2025(3) dt.02-02-2026
                                            2/3




          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

          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 driver would misuse

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

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

          anticipatory bail of the petitioner.

                       7. 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 Ara

          Muffasil P.S. Case No.292/2024, subject to the conditions as

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

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

          shall verify the criminal antecedents of the petitioner and in the
           Patna High Court CR. MISC. No.76508 of 2025(3) dt.02-02-2026
                                                       3/3




                     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

                     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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