Zeba Naaz v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3563 of 2026 Arising Out of PS. Case No.-100 Year-2025 Thana- Excise P.S. District- Nawada ====================================================== Zeba Naaz W/o Rijuyana Resident of village - Baburbag, Paschimada, House no.- 34 P.s- Barddhaman, District- Barddhaman, west bengal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Deo Raj, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 29-01-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. Petitioner apprehends her arrest in a case registered for the offences punishable under Sections 30(a) and 47 of Bihar Prohibition and Excise Act, 2016.
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 171 litres of liquor from a Bolero vehicle. It is next submitted that petitioner was not arrested 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
Patna High Court CR. MISC. No.3563 of 2026(2) dt.29-01-2026 2/3 hence, would get implicated. It is also submitted that petitioner was completely unaware that her driver would misuse the vehicle in the manner as alleged, who also fled from the spot.
4. Learned A.P.P. opposes the anticipatory bail application.
5. 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, is directed to be released on provisional anticipatory bail on her furnishing bail-bond in the sum of Rs.500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Judge-II, Nawada in connection with Nawada Excise P.S. Case No.100 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after accepting the provisional bail bond of the petitioner 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 obtaining anticipatory bail had concealed her antecedent before this Court,
Patna High Court CR. MISC. No.3563 of 2026(2) dt.29-01-2026 3/3 in that event, the present 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.
8. At this stage, learned counsel for the petitioner, based on instruction, submits that petitioner undertakes to deposit an amount of Rs.2500/- with Advocates' Association, Patna High Court within a period of two weeks from today. (Satyavrat Verma, J) Sanjay/- U T