Patna High Court
Baby 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 antecedents and compliance with bail conditions.
Summary
The petitioner, Baby Devi, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 156 litres of beer and 51.75 litres of liquor from two cars and a motorcycle. She contended that she was not present at the spot of seizure, had no conscious possession of the liquor, and was unaware that her son used her motorcycle for the alleged offence. The State opposed the bail, arguing the seriousness of the offence. The High Court, considering her clean antecedent and the circumstances, granted provisional anticipatory bail subject to a bail bond of Rs. 500 and two sureties, and directed verification of her criminal record. The order stipulated that if any antecedent is discovered, the bail would be revoked, otherwise it would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act
- Whether the petitioner’s ownership of the vehicle used in the alleged offence justifies denial of bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Section 30
- Section 482
- high court
- criminal antecedent
- vehicle ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17035 of 2026
Arising Out of PS. Case No.-48 Year-2025 Thana- AURAI District- Muzaffarpur
======================================================
Baby Devi W/o- Late Ganesh Prasad Singh village -Mahrauli, P.S. - Aurai,
Dist.- Muzaffarpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, 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 156 liters of beer and 51.75 liters of
liquor from two cars and one 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 any woman fleeing from the place
of occurrence but then the petitioner came to be implicated
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based on the fact that she is owner of one of the seized
motorcycles. 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 her son Anmol 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 Aurai P.S. Case No. 48 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
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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
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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