Patna High Court
Tara DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to bond, sureties and verification of antecedent, with cancellation if more than one prior case is discovered.
Summary
Petitioner Tara Devi sought anticipatory bail after being implicated in a case under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for allegedly possessing 17.2 litres of liquor recovered from a scooty she owned. She argued that she was not in actual possession, was unaware of the misuse of the vehicle by Bikey Kumar Yadav, and that ownership alone should not constitute culpability. The State opposed the bail. The High Court, applying Section 482(2) of the Criminal Procedure Code, granted provisional anticipatory bail on condition of a Rs.5,000 bail bond with two sureties and directed verification of her criminal antecedent. The order stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted to a vehicle owner not in actual possession of liquor under the Bihar Prohibition and Excise Act.
- Whether the conditions imposed under Section 482(2) of the CrPC are satisfied.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- ownership vs possession
- Section 482 CrPC
- excise offence
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1359 of 2026
Arising Out of PS. Case No.-271 Year-2025 Thana- Excise P.S. District- Siwan
======================================================
Tara Devi W/o Suraj Yadav Resident of Village - Bhaluee Bhagwanpur, P.S -
Guthani, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends her arrest in a case registered
for the offences punishable under Sections 30(a) and 32(3) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and is
a woman and allegation is of recovery of 17.2 litres of liquor
from a Scooty. It is next submitted that 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 Scooty. It is next
submitted that no prudent person would use her own vehicle for
committing an occurrence and thus, would create evidence
Patna High Court CR. MISC. No.1359 of 2026(2) dt.21-01-2026
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against herself and hence, would get implicated. It is also
submitted that petitioner was completely unaware that Bikey
Kumar Yadav would misuse the vehicle in the manner as
alleged, who was also apprehended from the spot.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on her furnishing bail-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Excise Court No.-II, Siwan in connection with Siwan
Sadar Excise P.S. Case No.271 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
Patna High Court CR. MISC. No.1359 of 2026(2) dt.21-01-2026
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obtaining anticipatory bail had concealed her antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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