Created by Fuzzy Cloud

Patna High Court

Pushpa Devi @ Puspa 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

The petitioner, Pushpa Devi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 40 litres of liquor were allegedly recovered from a motorcycle and a house. She argued that she had no prior criminal record, was a woman, and was not in actual possession of the liquor; the vehicle was merely owned by her and she was unaware that Chandan Kumar would misuse it. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.500 bail bond with two sureties, subject to verification of her antecedents by the trial court. If any prior case is found, the bail will not be confirmed; otherwise it will be confirmed immediately. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s ownership of the vehicle and alleged lack of knowledge of the offence justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18898 of 2026
                         Arising Out of PS. Case No.-811 Year-2025 Thana- MANER District- Patna
                 ======================================================
                 Pushpa Devi @ Puspa Devi Wife of Ronu Paswan Resident of Village-
                 Bhawani Tola, P.O- Rampur, P.S- Maner, District- Patna.
                                                                         ... ... Petitioner/s
                                                  Versus
           1.     The State of Bihar
           2.     Jitendra Prasad currently posted as Sub Inspector at Maner Police Station,
                  Maner, Patna.
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Md. Helal Ahmad, Advocate
                 For the Opposite Party/s :        Mr. Shailendra Kumar, 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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                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 40 litres of liquor from a motorcycle

                   and a house in Harijan Tola.

                                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
Patna High Court CR. MISC. No.18898 of 2026(2) dt.26-03-2026
                                            2/3




          owner of the seized vehicle. It is next 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 also submitted that petitioner was

          completely unaware that Chandan 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 Maner P.S. Case No. 811 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,
           Patna High Court CR. MISC. No.18898 of 2026(2) dt.26-03-2026
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.