Patna High Court
Bedami DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of her antecedents.
Summary
Bedami Devi, the owner of a motorcycle from which 50 litres of liquor was seized, applied for anticipatory bail under Section 30(a) of the Bihar Excise Act. She argued that she had no prior criminal record, was not present at the spot of seizure, and was unaware that her friend misused her vehicle. The State opposed the bail, contending the vehicle's ownership implicated her. The Court noted that mere ownership does not prove participation, especially when the accused is not in possession and has a clean antecedent. Accordingly, the Court granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of her antecedents, with confirmation if she remains clean.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act given the circumstances of the seizure.
- Whether ownership of the vehicle used in the alleged offence suffices to deny anticipatory bail.
Subjects
- anticipatory bail
- excise offence
- vehicle ownership
- clean antecedent
- Section 30
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14841 of 2026
Arising Out of PS. Case No.-421 Year-2025 Thana- RIVILGANJ District- Saran
======================================================
Bedami Devi W/o Yogendra Prasad R/O Mohalla- Shyam Chawk, Chapra,
PS- Bhagwan Bazar, Distt- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shekhar Harshvardhan
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 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 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 50 litres of liquor from a motorcycle.
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
vehicle. It is next submitted that no prudent person would use
her own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.14841 of 2026(2) dt.13-03-2026
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create evidence against herself and hence would get implicated,
it is further submitted that petitioner was completely unaware
that her friend would misuse the vehicle in the manner as
alleged, who fled from the spot. It is also submitted that it is not
the case of the prosecution that they saw any woman fleeing
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, the petitioner above-named, in the
event of her arrest or surrender 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 Revilganj P.S. Case No. 421 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
Court, as such, the provisional anticipatory bail order shall not be
Patna High Court CR. MISC. No.14841 of 2026(2) dt.13-03-2026
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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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