Patna High Court
Jhalo DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted to the petitioner, subject to verification of her antecedents, as she is not directly implicated in the offence and has a clean record.
Summary
Jhalo Devi, the petitioner, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for the alleged recovery of 130 litres of liquor from a motorcycle she owned. She argued that she had no prior criminal record, was unaware of her friend's alleged misuse of the vehicle, and that nothing was recovered from her direct possession. The State opposed the bail, contending the seriousness of the offence. The Court granted provisional anticipatory bail, subject to a bail bond of Rs.500 with two sureties and a condition that the trial court verify her antecedents. If any prior case is discovered, the bail may be revoked; otherwise, it will be confirmed.
Issues considered
- What is the appropriateness of granting anticipatory bail to a person implicated solely as the owner of a vehicle used in the alleged commission of an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018?
- Whether the petitioner’s clean antecedent and lack of direct involvement justify the issuance of provisional anticipatory bail under Section 482(2) of the B.N.S.S.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Prohibition and Excise Act
- vehicle ownership
- clean antecedent
- Section 482(2) B.N.S.S.
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23233 of 2026
Arising Out of PS. Case No.-177 Year-2025 Thana- VIDYAPATINAGAR District-
Samastipur
======================================================
Jhalo Devi Wife of Ajeet Kumar Singh Resident of Village - Dharampur,
Tetarpur Ward No. 08, Police Station - Mohiuddinagar, District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar
For the Opposite Party/s : Mr. Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 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
Bihar Prohibition and Excise Act, 2018.
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 130 litres of liquor from a
motorcycle. It is next submitted that petitioner was not arrested
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
Patna High Court CR. MISC. No.23233 of 2026(2) dt.09-04-2026
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occurrence and thus would create evidence against herself and
hence would get implicated. It is also submitted that the
petitioner was completely unaware that her friend would misuse
vehicle in the manner as alleged who also fled from the spot. It
is next submitted that it is not the case of the prosecution that
they saw a woman fleeing from the place of occurrence.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, 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 Vidyapatinagar P.S. Case No.177/2025, subject
to the conditions as laid down under Section 482(2) of the
B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
Patna High Court CR. MISC. No.23233 of 2026(2) dt.09-04-2026
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concealed her antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification 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)
amit/-
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