Teresa Toppo v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34028 of 2026 Arising Out of PS. Case No.-928 Year-2025 Thana- Excise P.S. District- Gaya ====================================================== Teresa Toppo D/o Karlus Toppo, W/O Somnath Pradhan Resident of Village12, Bagalpur, Niche Tola, P.S.- Pundag, District- Ranchi. at PresentTokiduba, Koche Dega, Post- Kochdega, P.S.- Simdega, Jharkhand, Pin835223 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Hemant Kumar, Advocate For the Opposite Party/s :
Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR ORAL ORDER 18-05-2026 Heard the learned counsel for the petitioner and the learned A.P.P. appearing for the State.
2. The petitioner apprehends her arrest in connection with Excise Sadar P.S. Case No.928 of 2025, for allegedly having committed offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.
3. As per the prosecution story, which has been lodged on the basis of the written report of the informant, to the effect that on 24.08.2025, routine checking of vehicles coming from Jharkhand was being done. At 02:10 a.m., a white car was stopped for checking. Two people were found inside the car who disclosed their names as Keshav Kumar Choudhary, the driver and Janaki Choudhary, who was sitting besides the driver. On
Patna High Court CR. MISC. No.34028 of 2026(2) dt.18-05-2026 2/3 search of the four wheeler, a white coloured trunk was found in the Swift Dezire Car, bearing Registration No.JH-1EY-4067 and on search total 180 litres of illegal liquor was recovered from the said car. The car along with the liquor was seized.
4. The learned counsel for the petitioner submits that the petitioner is the owner of the Swift Dezire Car, from which 180 litres of illegal liquor is said to have been recovered. The petitioner was not present at the place of occurrence and her name has transpired in the case only due to the fact that she is the owner of the vehicle in question, from which alleged seizure of liquor has been made. It is further submitted that the petitioner had given the said car on rental basis to a tour and travel company. He further submits that the petitioner has got a clean antecedent and she is a lady.
5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6. Having heard the learned counsel for the parties and after going through the records, it appears that from the car, 180 litres of illegal liquor has been recovered and two persons were arrested. The petitioner was not present at the place of occurrence and her name has transpired in the present case, since she is owner of the car in question from which the seizure
Patna High Court CR. MISC. No.34028 of 2026(2) dt.18-05-2026 3/3 of liquor has been made. The petitioner has got a clean antecedent and she is a lady.
7. Taking into consideration the facts aforesaid, let the petitioner, above-named, in the event of her arrest or surrender within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court of Exclusive Special Excise Court No.3, Gaya in connection with Excise Sadar P.S. Case No.928 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S. with a further condition that:- The learned court concerned shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court concerned shall take steps for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Ritesh Kumar, J.) Sanjay/- U T