Ruksana Khatoon @ Ruksana v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12837 of 2026 Arising Out of PS. Case No.-389 Year-2025 Thana- Excise P.S. District- Darbhanga ====================================================== Ruksana Khatoon @ Ruksana W/O Md. Reyaz Ali Vill.- Shahbazpur, Karhatiya, P.s-Mabbi, Dist.- Darbhanga ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Girish Chandra Jha, Advocate For the Opposite Party/s :
Ms. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-03-2026
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 has antecedent of one case and is a woman and allegation is of recovery of 18 liters of liquor from an Erickshaw.
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 the seized vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.12837 of 2026(2) dt.09-03-2026 2/3 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 her son, Md. Faiyaz would misuse the vehicle in the manner as alleged who 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. 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 Excise Sadar P.S. Case No. 389 of 2025 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 more than 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.12837 of 2026(2) dt.09-03-2026 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 has antecedent of one case only, in that event the provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J) Rishabh/- U T