Preety v. The State of Bihar

Patna HC4 Dec 2025CR. MISC./57939/2025

Case brief

AI extract

What is this about?

Patna High Court; CR. MISC. No.57939 of 2025; decided 04-12-2025; Satyavrat Verma, J; anticipatory bail; provisional anticipatory bail; Section 317(5) BNS 2023; Section 30(a) Bihar Excise Act; Section 482 (2) BNSS; Kuchaikote P.S. Case No. 35 of 2025; Gopalganj; liquor recovery 39.275 litres; petitioner implicated as owner of seized vehicle; woman petitioner; clean antecedent verification before confirmation; bail bond Rs. 500 with two sureties; Pratik Kumar Adv; Kumar Uday Pratap APP.

What did the court decide?

Provisional anticipatory bail on arrest or surrender before the learned Trial Court within six weeks, on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to conditions under Section 482 (2) of the BNSS; confirmation subject to Trial Court verification of clean antecedents. ¶¶19

Preety Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Kuchaikote P.S. Case No. 35 of 2025 (offences under Section 317(5) of the BNS, 2023 read with Section 30(a) of the Bihar Excise Act), should be released on anticipatory bail.

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Court's answer

Provisional anticipatory bail granted: in the event of her arrest or surrender before the learned Trial Court within six weeks from the date of the order, the petitioner is to be released on provisional anticipatory bail.

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Ratio / Principle

Release is 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, subject to the conditions laid down under Section 482 (2) of the BNSS.

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Key takeaways

Confirmation of the provisional anticipatory bail order is conditional on the learned Trial Court verifying the petitioner's criminal antecedents: if even one prior case is found, it will be presumed that she concealed her antecedents for the purposes of seeking anticipatory bail and the provisional order shall not be confirmed; if clean antecedents are verified, the provisional order shall be confirmed forthwith.ratio¶¶22

Detailed headnote1 paragraphs

Anticipatory bail — provisional grant conditioned on post-surrender verification of antecedents. Petitioner Preety, a woman claiming clean antecedents, apprehended arrest in Kuchaikote P.S. Case No. 35 of 2025, District Gopalganj, registered under S. 317(5) BNS, 2023 r/w S. 30(a) Bihar Excise Act, following alleged recovery of 39.275 litres of liquor from a car; counsel urged she was not apprehended from the spot, nothing was recovered from her conscious possession, and she was implicated merely as owner of the seized vehicle, one Rakesh (allegedly the actual user) having been apprehended from the spot. Granting provisional anticipatory bail, the Court directed that on arrest or surrender before the learned Trial Court within six weeks she be released on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to conditions under S. 482(2) BNSS; the Trial Court to verify criminal antecedents — if even one prior case is found, the provisional order shall not be confirmed (concealment presumed); if clean antecedents are verified, the provisional order shall be confirmed forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57939 of 2025

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Arising Out of PS. Case No.-35 Year-2025 Thana- KUCHAIKOTE District- Gopalganj

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======================================================

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Preety W/o Gourav Kumar @ Gourav Resident of - Matu Ram Colony, P.S.Fatehabad, District- Fatehabad (Haryana)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Pratik Kumar, Adv. For the Opposite Party/s : Dr. Kumar Uday Pratap, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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3 04-12-2025

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Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner apprehends her arrest in a case registered for the offences punishable under Section 317(5) of the BNS, 2023 read with Section 30(a) of the Bihar Excise Act.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and allegation is of 39.275 recovery of liters of liquor from a car.

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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 he 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

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Patna High Court CR. MISC. No.57939 of 2025(3) dt.04-12-2025 2/3

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create evidence against herself and hence would get implicated, it is also submitted that petitioner was completely unaware that Rakesh would misuse the vehicle in the manner as alleged who was also apprehended from the spot.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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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 Kuchaikote P.S. Case No. 35 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

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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

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Patna High Court CR. MISC. No.57939 of 2025(3) dt.04-12-2025 3/3

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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.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Preety v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Preety v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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