Chanda Kumari v. The State Of Bihar

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 PoNetuapara, 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 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 2/3

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