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Patna High Court

Bedami DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                                          3/3




                        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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