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Patna High Court

Mirdula Devi @ Mridula DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

Mirdula Devi, a resident of Vaishali district, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 5 litres of liquor were allegedly recovered from a motorcycle she owned. She argued that she has a clean antecedent, was not present at the spot of recovery, and had no knowledge of her friend’s alleged misuse of the vehicle. The State opposed the bail, contending that ownership of the vehicle could link her to the offence. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S., pending verification of her criminal antecedent. The order further 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 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether ownership of the vehicle from which liquor was recovered is sufficient grounds for arrest and denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • clean antecedent
  • Cr.P.C. Section 438
  • B.N.S.S. Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15646 of 2026
                        Arising Out of PS. Case No.-224 Year-2025 Thana- SARAI District- Vaishali
                 ======================================================
                 Mirdula Devi @ Mridula Devi W/o- Dinesh Paswan Resident of village-
                 Bhatauli Bhagwan, Kartahan Buzurg PS-Kartahan District- Vaishali
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shanti Bhushan Singh, Advocate
                 For the Opposite Party/s :        Mr. Nand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  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 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 5 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 and it is not the case of

                   the prosecution that they saw a woman fleeing from the place of

                   occurrence but then she came to be implicated based on the fact

                   that she is owner of the seized vehicle. It is further submitted

                   that no prudent person would use her own vehicle for
Patna High Court CR. MISC. No.15646 of 2026(2) dt.17-03-2026
                                            2/3




          committing an occurrence and thus would create evidence

          against herself and hence would get implicated. It is next

          submitted that petitioner was completely unaware that her friend

          would misuse the vehicle in the manner as alleged who also fled

          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 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 Sarai P.S. Case No. 224 of 2025, subject to

          the conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the B.N.S.S.

                       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

          before this Court at para 3 of the anticipatory bail application in
           Patna High Court CR. MISC. No.15646 of 2026(2) dt.17-03-2026
                                                       3/3




                     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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