Patna High Court
Rita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted where the petitioner is not in direct possession of the contraband, has a clean antecedent, and the alleged involvement is solely through ownership of the vehicle.
Summary
Rita Devi, a resident of Darbhanga, applied for anticipatory bail after the police sought to arrest her in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, for the alleged recovery of 16.875 litres of liquor from a motorcycle she owned. She argued that she had a clean antecedent, was not in possession of the liquor, and that her son, who was apprehended at the spot, had misused the vehicle without her knowledge. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 and two sureties, and directed verification of her antecedent within six weeks. It further held that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 Cr.P.C. in a case of alleged liquor possession where she claims no direct possession and a clean antecedent.
- Whether the ownership of the vehicle used in the alleged offence implicates the petitioner for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- clean antecedent
- vehicle ownership
- Cr.P.C. Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1484 of 2026
Arising Out of PS. Case No.-317 Year-2025 Thana- GHANSHYAMPUR District- Darbhanga
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Rita Devi wife of Shubhkant Yadav Resident of village- Rohar, PS - Biraul,
Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, A.P.P.
======================================================
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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 16.875 litres of liquor from a
motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from her conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that she is
owner of the seized vehicle. It is next submitted that no prudent
person would use her own vehicle for committing an occurrence
Patna High Court CR. MISC. No.1484 of 2026(2) dt.21-01-2026
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and thus would create evidence against herself and hence would
get implicated. It is also submitted that petitioner was
completely unaware that her son Bimlesh Kumar Yadav would
misuse the vehicle in the manner as alleged who was also
apprehended from the spot.
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, let 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
Ghanshyampur P.S. Case No. 317 of 2025, subject to the
conditions as laid down under Section 438(2) of the
Cr.P.C./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 if
it is found that petitioner has antecedent of even one case, it
would be presumed that petitioner had concealed her antecedent
Patna High Court CR. MISC. No.1484 of 2026(2) dt.21-01-2026
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before this Court at para 3 of the anticipatory bail application in
that event the provisional anticipatory bail order shall not be
confirmed but if it is found on verification that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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