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Patna High Court

Meri DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

Meri Devi, the owner of an e‑rickshaw, was implicated in an excise case for alleged possession of 20 litres of liquor from a motorcycle, 20 litres from a scooty and 120 litres from her e‑rickshaw. She contended that she was not arrested at the scene, had no conscious possession of the liquor, and was unaware that a person named Prakash misused her vehicle. The petitioner, a woman with a clean antecedent, sought anticipatory bail under Section 438 of the Cr.P.C. and Section 482(2) of the B.N.S.S. 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, stating that the bail would be confirmed if she is found to have a clean record.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the alleged possession of liquor under the Bihar Prohibition and Excise Act, 2016.
  • Whether the petitioner’s ownership of the vehicle and lack of conscious possession justify the grant of bail.
  • Whether the petitioner’s criminal antecedent, if any, should affect the confirmation of the provisional bail order.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • possession of liquor
  • Section 438 CrPC
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • vehicle ownership

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16655 of 2026
                       Arising Out of PS. Case No.-1347 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Meri Devi W/o Late Kamlesh Das @ Kamlesh Ram R/o Village - Kathar, P.O
                 and P.S - Arak, District - Buxar (Bihar), Pin - 802111 Presently R/o - Digha
                 Atal, P.O and P.S - Digha, District - Patna (Bihar), Pin - 800023, Aadhar No.
                 288042365883
                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Roushan Kumar, Advocate
                 For the Opposite Party/s :         Mr. Khurshid Anwar, A.P.P.
                 ======================================================
                 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 Sections 30(a) and

                   56(b) of the Bihar Prohibition and Excise Act, 2016.

                                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 20 litres of liquor from a motorcycle,

                   20 litres of liquor from a Scooty and 120 litres of liquor from an

                   E-rickshaw.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from her conscious possession. It is further submitted
Patna High Court CR. MISC. No.16655 of 2026(3) dt.06-04-2026
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          that petitioner came to be implicated based on the fact that she is

          owner of the seized E-rickshaw. It is further submitted that no

          prudent person would use her own vehicle for 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 Prakash would misuse the vehicle

          in the manner as alleged who was also apprehended from the

          spot. It is also 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 appearing on behalf of 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 Excise P.S. Case

          No. 1347 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. However, it is made clear that thereafter the learned
           Patna High Court CR. MISC. No.16655 of 2026(3) dt.06-04-2026
                                                       3/3




                     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 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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