Bharti Gerai @ Bharati Gorai @ Bharti Gorain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1729 of 2026 Arising Out of PS. Case No.-112 Year-2023 Thana- DEV District- Aurangabad ====================================================== Bharti Gerai @ Bharati Gorai @ Bharti Gorain S/o Late Rajani Kanta Gorai R/o Vill- Purulia, Ward No. 03, P.S.- Purulia, Distt- Purnia (Bihar) ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Abhay Kumar Singh For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-01-2026 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 37 of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 360 ml of liquor from a car. 4.

Learned counsel for the petitioner submits that the 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

Patna High Court CR. MISC. No.1729 of 2026(2) dt.22-01-2026 2/3 create evidence against herself and hence would get implicated, it is further submitted that petitioner was completely unaware that Manoj would misuse the vehicle in the manner as alleged, who was also apprehended from the spot.

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 Deo P.S. Case No. 112 of 2023, 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 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

Patna High Court CR. MISC. No.1729 of 2026(2) dt.22-01-2026 3/3 person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Sumit/- U T