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Pratima Sinha v. The State of Bihar

Patna HC9 Jul 2026CR. MISC./45468/2026

Case brief

AI extract

What is this about?

Anticipatory bail; provisional anticipatory bail; Bihar Excise Act Sections 30(a) and 41(1); Section 482(2) BNSS conditions; bail bond Rs. 500 with two like sureties; surrender within six weeks; clean antecedent verification by Trial Court; presumed concealment bars confirmation; liquor recovery 1987.2 liters from Oil Tanker and three vehicles; Rs. 4700 seized; Fatuha P.S. Case No. 901 of 2025; Patna High Court; Justice Satyavrat Verma; petitioner Pratima Sinha; APP Rabindra Kumar.

What did the court decide?

Provisional anticipatory bail granted: petitioner, on arrest or surrender before the learned Trial Court within six weeks, to be released on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to Section 482 (2) BNSS conditions; confirmation deferred pending Trial Court verification of criminal antecedents.

Pratima Sinha Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, who apprehends arrest in Fatuha P.S. Case No. 901 of 2025 registered for offences punishable under Sections 30(a) and 41(1) of the Bihar Excise Act, is entitled to anticipatory bail.

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Court's answer

Petitioner to be released on provisional anticipatory bail in the event of 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 laid down under Section 482 (2) of the BNSS.

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Ratio / Principle

On verification by the Trial Court, if the petitioner is found to have antecedent of even one case, it would be presumed that she concealed her antecedent for the purpose of seeking anticipatory bail.

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Key takeaways

If antecedent of even one case is found, the provisional anticipatory bail order shall not be confirmed; conversely, after verification, if the petitioner is found to be a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶24

Detailed headnote1 paragraphs

Patna High Court, CR. MISC. No. 45468 of 2026, decided 09-07-2026 (Satyavrat Verma, J). Anticipatory bail application by Pratima Sinha apprehending arrest in Fatuha P.S. Case No. 901 of 2025 (District Patna) for offences punishable under Sections 30(a) and 41(1) of the Bihar Excise Act, arising from alleged recovery of 1987.2 liters of liquor from an Oil Tanker and three different vehicles with Rs. 4700 seized. Counsel argued the petitioner was not apprehended from the spot, nothing was recovered from her conscious possession, and she was implicated merely as owner of a seized vehicle. The Court granted PROVISIONAL anticipatory bail: surrender/arrest before the Trial Court within six weeks, bail bond of Rs. 500 with two sureties of the like amount each, subject to conditions under Section 482 (2) of the BNSS. The Trial Court is directed to verify the petitioner's criminal antecedents: if antecedent of even one case is found, concealment is presumed and the provisional order shall NOT be confirmed; if antecedents are clean, the provisional order shall be confirmed forthwith. No precedents cited.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45468 of 2026

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Arising Out of PS. Case No.-901 Year-2025 Thana- FATUA District- Patna

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

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Pratima Sinha W/o Uma Shankar Pandey Resident of Village- Simli, P.S.Patna City, Dist.- Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Sarfraz Ahmad, Advocate For the Opposite Party/s : Mr. Rabindra Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 09-07-2026

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Heard learned counsel for the petitioner and

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learned A.P.P. for the State, Mr. Rabindra Kumar.

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The petitioner apprehends her arrest in a case registered for the offences punishable under Sections 30(a) and 41(1) 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 recovery of 1987.2 liters of liquor from an Oil Tanker and three different vehicles along with Rs. 4700 was seized.

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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 she is owner of one of the

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Patna High Court CR. MISC. No.45468 of 2026(2) dt.09-07-2026 2/3

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seized vehicles. 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 Ranjeet would misuse the vehicle in the manner as alleged who was also apprehended from the spot along with other accused persons. It is next submitted that it is not the case of the prosecution that they saw a woman fleeing from the place of occurrence.

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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 Fatuha P.S. Case No. 901 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

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Patna High Court CR. MISC. No.45468 of 2026(2) dt.09-07-2026 3/3

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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.

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(Satyavrat Verma, J)

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Rishabh/-

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U T

Pratima Sinha v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Pratima Sinha v. The State of Bihar

Case brief

What is this about?

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What the court decided

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