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Patna High Court

Babli BegumversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that the petitioner is entitled to provisional anticipatory bail, subject to bond, sureties, and verification of her criminal antecedent.

Summary

The petitioner, Babli Begum, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 1.125 litres of liquor recovered from a motorcycle she owned. She argued that she was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that a friend misused her vehicle. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond, two sureties, and verification of the petitioner’s criminal antecedent within six weeks. The order further stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether ownership of the vehicle used in the alleged offence creates sufficient grounds to deny anticipatory bail.
  • Whether the petitioner’s criminal antecedent affects the confirmation of provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • criminal antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88633 of 2025
                    Arising Out of PS. Case No.-73 Year-2025 Thana- PUWAKHALI District- Kishanganj
                 ======================================================
                 Babli Begum W/O Nadim Akhtar Resident of Sakaur Gopalpur, P.S.-
                 Bahadurganj, Dist- Kishanganj.
                                                                   ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raj Kumar, Advocate
                 For the Opposite Party/s :       Mr. Mukesh Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   23-02-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that the

                   defect, as pointed out by the office, stands removed.

                                4. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and allegation is of

                   recovery of 1.125 litres of liquor from a motorcycle.

                                5. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that he is

                   owner of the seized vehicle. It is next submitted that no prudent
Patna High Court CR. MISC. No.88633 of 2025(3) dt.23-02-2026
                                            2/3




          person would use his own vehicle for committing an occurrence

          and thus would create evidence against himself and hence

          would get implicated. It is also submitted that petitioner was

          completely unaware that his friend would misuse the vehicle in

          the manner as alleged who was also apprehended 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, let the petitioner above-named, in the

          event of his arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.5,000/- (Rupees Five Thousand)

          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 Powakhali P.S. Case No. 73 of 2025 giving

          rise to Special Case No. 514 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Cr.P.C./482(2) of the

          BNSS.

                       8. It is made clear that thereafter the learned trial

          court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of more than one case,

          it would be presumed that petitioner had concealed his
           Patna High Court CR. MISC. No.88633 of 2025(3) dt.23-02-2026
                                                       3/3




                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner has antecedent of only one case in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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