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Patna High Court

Chanda KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of her criminal antecedent.

Summary

The petitioner, Chanda Kumari, was implicated in an excise case for the alleged recovery of 1,290 litres of liquor from a scooter she owned. She contended that she had a clean antecedent, was not in possession of the liquor at the time of seizure, and was unaware of the misuse of her vehicle by another individual. The State opposed her anticipatory bail, citing the seriousness of the offences under Sections 30(a) and 32(3) of the Bihar Excise Act. The Court, after considering the petitioner's submissions and ignoring a procedural defect regarding her antecedent, granted provisional anticipatory bail subject to a bond of Rs. 500 and two sureties, with the condition that the trial court verify her criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the alleged procedural defect concerning her criminal antecedent.
  • Whether the petitioner’s ownership of the vehicle and lack of possession of the liquor justify granting anticipatory bail.

Subjects

  • anticipatory bail
  • excise law
  • clean antecedent
  • provisional bail
  • Section 482
  • criminal procedure
  • liquor seizure
  • vehicle ownership
  • women

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.937 of 2026
                     Arising Out of PS. Case No.-733 Year-2025 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Chanda Kumari D/o- Sugharshan Prasad Singh Village- Gopalpur Po-
                 Netuapara, PS- Bahadurganj, Dist- Kishanganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Mrityunjay Kumar, Advocate
                 For the Opposite Party/s :         Ms. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026                  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 Sections 30(a) and

                   32(3) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   inadvertently in the order impugned it has been recorded that

                   petitioner has antecedent of one case, as such, the office pointed

                   out a defect to rectify Para-3 of the anticipatory bail application.

                   It is asserted and submitted that petitioner is a person with clean

                   antecedent.

                                4. In view of the submissions made by the learned

                   counsel appearing on behalf of the petitioner, the defect as

                   pointed out by the office is hereby ignored.
Patna High Court CR. MISC. No.937 of 2026(2) dt.27-01-2026
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                       5. It is next submitted that petitioner is a person with

          clean antecedent and is a woman and allegation is of recovery of

          1.290 liters of liquor from a Scooty.

                       6. 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 the seized

          Scooty. 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 petitioner was completely unaware that

          Vishal would misuse the vehicle in the manner as alleged who

          was also apprehended from the spot along with Priya Kumar

          Sinha.

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

          anticipatory bail of the petitioner.

                       8. 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
            Patna High Court CR. MISC. No.937 of 2026(2) dt.27-01-2026
                                                        3/3




                      amount each to the satisfaction of the learned Trial Court where

                      the case is pending/successor court in connection with Madya

                      Nisedh P.S. Case No. 733 of 2025 subject to the conditions as

                      laid down under Section 482 (2) of the BNSS.

                                   9. 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

                      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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