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Patna High Court

Pooja DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail to the petitioner, subject to verification of her antecedents and compliance with the stipulated conditions.

Summary

Petitioner Pooja Devi, owner of a vehicle from which 240.63 litres of liquor were seized, sought anticipatory bail under Section 482(2) of the BNSS, arguing she had no prior criminal record and was unaware of the misuse of her vehicle. The State opposed the bail, contending the seizure implicated her under Section 30(a) of the Bihar Excise Act. The court noted that no liquor was found in her possession and that ownership alone does not prove participation in the offence. It granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties and a six‑week period for the trial court to verify her antecedents. The order stipulated that if any prior case is discovered, the bail would be revoked; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted to the vehicle owner under Section 482(2) of the BNSS in a case of alleged excise law violation
  • Whether ownership of the vehicle used in the alleged offence constitutes sufficient grounds for arrest

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • vehicle ownership
  • clean antecedent
  • high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20167 of 2026
                    Arising Out of PS. Case No.-131 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Pooja Devi W/O Bittu Pandit Resident of Village- Berai, P.S- Hathauri, Distt.-
                 Muzaffarpur.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anuj Kumar Shrivastav
                 For the Opposite Party/s :       Ms. Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-03-2026                  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 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 240.63 liters of liquor from two

                   Autos.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from her conscious possession and she came to

                   be implicated based on the fact that she is owner of one of the

                   the seized vehicles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.20167 of 2026(2) dt.31-03-2026
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          would use her own vehicle for committing an occurrence and

          thus would create evidence against herself and hence would get

          implicated, it is further submitted that petitioner was completely

          unaware that Raghvendra would misuse the vehicle in the

          manner as alleged who was also apprehended from the spot. It is

          next submitted that it is not the case of the prosecution that they

          saw a female fleeing from the place of occurrence.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of her arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) each 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 Ahiyapur

          (Garha O.P.) P.S. Case No. 131 of 2026 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 purposes of
            Patna High Court CR. MISC. No.20167 of 2026(2) dt.31-03-2026
                                                        3/3




                      seeking anticipatory bail, had concealed her 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)
Rishabh/-

U      T


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