Patna High Court
Pushpa Devi @ Puspa 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
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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