Patna High Court

Khushabu KumariversusThe State of Bihar

Decided: 20 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail was granted conditionally, pending verification of the petitioner’s criminal antecedent.

Summary

The petitioner, Khushabu Kumari, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 540 litres of liquor from a Scorpio vehicle and two motorcycles she owned. She contended that she had no knowledge of the misuse of her vehicle and possessed a clean criminal antecedent. The State opposed her prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 and two sureties, and directed verification of her antecedent by the trial court. It further stipulated that if any prior case is discovered, the provisional bail would not be confirmed, but if she is found to have a clean record, the bail would be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail 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 implicate the petitioner.
Whether a clean criminal antecedent is a prerequisite for granting anticipatory bail.

Legislation cited

BNSS — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
vehicle ownership
clean antecedent
seizure of liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88320 of 2025
                       Arising Out of PS. Case No.-391 Year-2024 Thana- MASAUDHI District- Patna
                 ======================================================
                 Khushabu Kumari W/O Mandan Paswan, D/O- Sandip Paswan R/O Village-
                 Chak Armal, P.S- Dhanarua, Dist.- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   20-01-2026                  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

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

                   allegation is of recovery of 540 liters of liquor from a Scorpio

                   vehicle and two motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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 one of the

                   seized vehicles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.88320 of 2025(3) dt.20-01-2026
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          would use 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.

                       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 her 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 Lahasuna

          (Masaudhi) P.S. Case No. 391 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
            Patna High Court CR. MISC. No.88320 of 2025(3) dt.20-01-2026
                                                        3/3




                      antecedent before this 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)
Rishabh/-

U      T

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