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Patna High Court

Ramita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner subject to conditions and verification of her antecedent.

Summary

Ramita Devi, the owner of a vehicle, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for the alleged recovery of 126 litres of liquor from two motorcycles. She was not arrested at the spot and no liquor was found in her conscious possession; the prosecution’s case rests solely on her ownership of the vehicle used by the accused. The petitioner, a woman with a clean antecedent, sought anticipatory bail, arguing that she was unaware of the misuse of her vehicle. The State opposed the bail, contending that the allegations warranted detention. The Court, considering her clean record, gender, and lack of direct involvement, granted provisional anticipatory bail subject to a Rs. 500 bond, two sureties, and verification of her antecedent within six weeks, with confirmation contingent on a clean record.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged involvement in an excise offence
  • Whether the petitioner’s clean antecedent and lack of possession justify granting bail

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1264 of 2026
                        Arising Out of PS. Case No.-260 Year-2025 Thana- Excise P.S. District- Saran
                 ======================================================
                 Ramita Devi W/o Anant Ray R/o vill - Ward no. 38, Bada Telpa, P.S.- Nagar,
                 Distt.- Saran at Chapra. At present Chhota Telpa, P.O.- Sahebganj, P.S.- Town,
                 Distt.- Saran

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Alok Kumar Alok
                 For the Opposite Party/s :         Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   21-01-2026               1.     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Sri Chandra Bhushan Prasad.

                             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 the

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 126 litres of liquor from two

                   different motorcycles.

                             4.     Learned counsel for the petitioner submits that the

                   petitioner was not arrested 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
Patna High Court CR. MISC. No.1264 of 2026(2) dt.21-01-2026
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          vehicle. 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 further submitted that petitioner was completely unaware

          that Ritesh would misuse the vehicle in the manner as alleged,

          who was also apprehended from the spot along with Ravindra.

                   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.

          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 Sadar

          Excise P.S. Case No. 260 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 even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed her antecedent before this
              Patna High Court CR. MISC. No.1264 of 2026(2) dt.21-01-2026
                                                          3/3




                        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)
Sumit/-

U         T


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