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Patna High Court

Pukari DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of her criminal antecedent.

Summary

Petitioner Pukari Devi sought anticipatory bail after being implicated in a case alleging possession of 63 litres of liquor recovered from her e‑rickshaw, with offences under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act, Section 78 of the Juvenile Justice Act and Section 30(a) of the Bihar Excise Act. She argued that she had a clean antecedent, was unaware of her son’s misuse of the vehicle, and that nothing was found in her conscious possession. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of her criminal antecedent under Section 482(2) of the CrPC. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC despite the alleged offences.
  • Whether ownership of the e‑rickshaw implicates the petitioner in the liquor seizure.

Legislation cited

Subjects

  • anticipatory bail
  • CrPC Section 482
  • criminal antecedent
  • liquor seizure
  • vehicle ownership
  • women
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1295 of 2026
                   Arising Out of PS. Case No.-74 Year-2025 Thana- MADHWAPUR District- Madhubani
                 ======================================================
                 Pukari Devi W/O Sanjay Ray R/O Village- Nihasa, Ward No.16, Nihsa,
                 Dumharpatti, P.S- Pupri, District - Sitamarhi, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sanjay Kumar Jha
                 For the Opposite Party/s :      Mr.Nand Kumar
                 ======================================================
                 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.

                             2.    The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Sections 274, 275

                   and 3(5) of BNS, Section 78 of JJ Act Section 30(a) 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 63 litres of liquor from e-rickshaw.

                             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 e-

                   rickshaw. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.1295 of 2026(2) dt.21-01-2026
                                            2/3




          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 her son, Dipendra, would misuse the vehicle in the manner

          as alleged, who was also apprehended from the spot along with

          Vivek.

                   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

          Madhwapur P.S. Case No. 74 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.1295 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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