Patna High Court
Meri DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 56(b)
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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