Patna High Court
Kumud RaiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic and Smuggling Act — s. 482(2)
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
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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
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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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