Patna High Court
Parwati DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds, sureties and verification of her antecedent.
Summary
The petitioner, Parwati Devi, applied for anticipatory bail under Section 438 of the Cr.P.C. in a case alleging recovery of 229.725 litres of liquor from two vehicles, invoking Sections 30(a), 32(ii) and 41(i) of the Excise Act. She argued that she has a clean antecedent, is a woman, and was not in possession of the liquor; the vehicle was owned by her but she was unaware of its misuse. The State opposed the bail, contending possible involvement. The Court considered the submissions, the lack of direct possession, and the petitioner’s clean record, and directed that she be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of her antecedent. The order also stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in view of the alleged Excise offences.
- Whether ownership of the vehicle used in the alleged liquor seizure justifies denial of bail.
- Whether the petitioner’s clean antecedent and gender are relevant factors for granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 32(ii), 41(i)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- clean antecedent
- gender consideration
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24412 of 2026
Arising Out of PS. Case No.-25 Year-2023 Thana- SHEIKHOPUR SARAI District-
Sheikhpura
======================================================
Parwati Devi W/o Bhart Das @ Bharat Das Resident of Village/Mohalla -
Halmata, Itkhari, P.S. - Halmata Itkhari, District - Chatra, Jharkhand.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Roop Kishan
For the Opposite Party/s : Mr.Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of her
arrest in a case registered for the offences punishable under
Sections 30(a), 32(ii) and 41(i) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is a woman
and allegation is of recovery of 229.725 litres of liquor from two
vehicles.
4. The learned counsel for the petitioner submits 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 one of the
Patna High Court CR. MISC. No.24412 of 2026(2) dt.20-04-2026
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seized vehicle. It is next submitted that no prudent person would
use her own vehicle for committing a crime and thus, would
create evidence against herself and hence, would get implicated.
It is further submitted that petitioner was completely unaware
that her friend would misuse the 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.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on her furnishing bail-bonds in the
sum 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
Sheikhopur Sarai P. S. Case No.25 of 2023, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.24412 of 2026(2) dt.20-04-2026
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accepting the provisional bail bonds of the petitioner 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 obtaining
anticipatory bail had concealed her antecedent before this Court,
in that event, the present 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)
vikash/-
U T
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