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Patna High Court

Daulat DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to conditions and verification of the petitioner’s antecedent.

Summary

The petitioner, Daulat Devi, owner of a pickup vehicle, was implicated in a case under Section 30(a) of the Bihar Excise Act after 212.4 litres of liquor were recovered from her vehicle. She was not present at the scene and the driver fled, leading her to claim she had no knowledge of the offence. She sought anticipatory bail, arguing her clean antecedent and that ownership alone should not make her culpable. The State opposed the bail. The Court granted provisional anticipatory bail subject to a modest bond, two sureties, and verification of her criminal antecedent, with the order to be confirmed if she is found to have a clean record.

Issues considered

  • Whether anticipatory bail can be granted to the owner of a vehicle from which liquor was seized under the Bihar Excise Act.
  • Whether ownership of the vehicle alone establishes sufficient grounds for arrest and denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • liquor seizure
  • vehicle ownership
  • Section 482
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15930 of 2026
                        Arising Out of PS. Case No.-12 Year-2026 Thana- GUTHANI District- Siwan
                 ======================================================
                 Daulat Devi W/o Dukha Sahani R/o Village - Ratwara Chati Kothiya, Sherpur
                 Urf Narayanpur Anant, P.S - Ahiyapur, District - Muzaffarpur, State - Bihar

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Ray
                 For the Opposite Party/s :       Ms. Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-04-2026                  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

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 212.4 liters of liquor from a pick up

                   vehicle.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.15930 of 2026(3) dt.06-04-2026
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          her own vehicle for committing an occurrence and thus would

          create evidence against herself and hence would get implicated

          and at the same time shall bring disrepute to her business, it is

          also submitted that petitioner was completely unaware that her

          driver would misuse the vehicle in the manner as alleged who

          also fled from the spot. It is next submitted that it is not the case

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

          of occurrence.

                       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 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 Guthani

          P.S. Case No. 12 of 2026 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
            Patna High Court CR. MISC. No.15930 of 2026(3) dt.06-04-2026
                                                        3/3




                      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

                      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)
Rishabh/-

U      T


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