Patna High Court
Rina DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted conditionally, with verification of the petitioner’s antecedents to determine final confirmation.
Summary
The petitioner, Rina Devi, sought anticipatory bail after being implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for the alleged recovery of 45 litres of liquor from a motorcycle she owned. She argued that she had no prior criminal record, was not present at the spot of seizure, and was unaware that her friend misused the vehicle. The State opposed the bail, contending that the vehicle’s ownership linked her to the offence. The Court granted provisional anticipatory bail, subject to a modest bond, two sureties, and verification of her antecedents by the trial court. It further directed that if any prior case is discovered, the bail would not be confirmed; otherwise, the provisional order would be made final.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in a case under the Bihar Excise Act
- Whether ownership of the vehicle used in the alleged offence suffices to establish culpability for anticipatory bail purposes
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2172 of 2026
Arising Out of PS. Case No.-1385 Year-2025 Thana- Excise P.S. District- Sitamarhi
======================================================
Rina Devi W/o Santosh Kumar R/o Village- Ramnagara, Ward No. 4, P.S.-
Riga, Dist.- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 30(a) and
32(3) 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 45 liters of liquor from a motorcycle.
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 the seized
vehicle. It is next submitted that no prudent person would use
her own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.2172 of 2026(2) dt.27-01-2026
2/3
create evidence against herself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
her friend would misuse the vehicle in the manner as alleged
who also fled from the place of occurrence.
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 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) 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
Prohibition Sitamarhi P.S. Case No. 1385 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
purposes of seeking anticipatory bail, had concealed her
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.2172 of 2026(2) dt.27-01-2026
3/3
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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