Patna High Court
Sajila Devi @ Shanjula DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of her criminal antecedent.
Summary
The petitioner, Sajila Devi, sought anticipatory bail after a police case was registered under IPC Sections 274 and 275 and Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 66.6 litres of liquor recovered from a scooty she owned. She argued that she had no prior criminal record, was a woman, and that the liquor was not found in her conscious possession, asserting that the vehicle’s owner, Sambhu Kumar, misused it without her knowledge. The State opposed the bail, contending that the offences were non-bailable and that the petitioner was implicated by ownership of the vehicle. The Court considered the petitioner's clean antecedent, the nature of the alleged offence, and the statutory provisions governing anticipatory bail. It granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of her antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation.
Issues considered
- What is the applicability of anticipatory bail under Section 438 of the Cr.P.C. in a case involving alleged liquor possession under Sections 274, 275 IPC and Section 30(a) of the Bihar Prohibition and Excise Act?
- Whether ownership of the vehicle from which liquor was seized can constitute sufficient grounds to deny anticipatory bail.
Legislation cited
- Bihar Narcotic and Smuggling Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 274, 275
Subjects
- anticipatory bail
- Section 438 CrPC
- liquor seizure
- vehicle ownership
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18867 of 2026
Arising Out of PS. Case No.-172 Year-2025 Thana- MADHWAPUR District- Madhubani
======================================================
Sajila Devi @ Shanjula Devi Wife of Vijay Sah Resident of Village-
Basdeopur, P.S.- Darbhanga Sadar, Distt.- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saroj Kumar Choudhary, Advocate
For the Opposite Party/s : Mr. Md. Iftekhar Mahmood, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 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 274 and
275 of the Indian Penal Code as well as Section 30(a) of the
Bihar Prohibition and 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 66.6 litres of liquor from a Scooty.
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
that petitioner 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 her own vehicle for committing an occurrence
Patna High Court CR. MISC. No.18867 of 2026(2) dt.26-03-2026
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and, thus, would create evidence against herself and, hence,
would get implicated. It is also submitted that petitioner was
completely unaware that Sambhu Kumar 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, 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 Madhwapur P.S. Case No. 172 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
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
Patna High Court CR. MISC. No.18867 of 2026(2) dt.26-03-2026
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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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