Patna High Court

Hema DeviversusThe State of Bihar

Decided: 17 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedent and compliance with conditions under Section 482(2) of the CrPC.

Summary

The petitioner, Hema Devi, owner of a motorcycle from which 50 litres of liquor was seized, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act. She argued she had a clean antecedent, was not present at the spot of seizure, and was unaware of her friend's alleged misuse of the vehicle. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed verification of her criminal antecedent. It stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the provisions of the CrPC in a case under Section 30(a) of the Bihar Excise Act
Whether ownership of the seized vehicle implicates the petitioner in the alleged offence

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
clean antecedent
motor vehicle ownership
liquor seizure
CrPC Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16075 of 2026
                       Arising Out of PS. Case No.-162 Year-2025 Thana- THAWE District- Gopalganj
                 ======================================================
                 Hema Devi W/o Om Prakash Sharma R/o Village - Rahra Kala, P.S.-
                 Barhariya, District- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Javed Aslam, Advocate
                 For the Opposite Party/s :        Mr. Umesh Lal Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                     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 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 50 liters 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 she came to be

                   implicated based on the fact that she is owner of the seized

                   motorcycle, it is next submitted that no prudent person would

                   use her own vehicle for committing an occurrence and thus
Patna High Court CR. MISC. No.16075 of 2026(2) dt.17-03-2026
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          would create an evident 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 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, 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 Thawe P.S. Case No. 162 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 his

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after
           Patna High Court CR. MISC. No.16075 of 2026(2) dt.17-03-2026
                                                       3/3




                     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)
Gaurav Sinha/-

U      T

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