Patna High Court
Bhukhani DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to conditions and verification of the petitioner’s antecedent.
Summary
Bhukhani Devi, the wife of Satyanarayan Thakur, sought anticipatory bail after learning that a case had been registered against her under Section 30(a) of the Bihar Excise Act for the alleged recovery of 14.875 litres of liquor from a motorcycle she owned. She argued that she had a clean antecedent, was not in possession of the liquor, and was unaware that a friend had misused her vehicle, emphasizing that no one saw her fleeing the scene. The State opposed the bail, contending that the vehicle's ownership linked her to the offence. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 and two sureties, directing the trial court to verify her criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The personal appearance of the SHO was dispensed with.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
- Whether ownership of the vehicle, absent possession of the contraband, suffices to justify denial of anticipatory bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- vehicle ownership
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25423 of 2026
Arising Out of PS. Case No.-87 Year-2025 Thana- Bhittha District- Sitamarhi
======================================================
Bhukhani Devi wife of Satyanarayan Thakur Resident of village-
Majahaul,ward no 01, PS-Sakri, District-Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Pallavi
For the Opposite Party/s : Ms.Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 24-04-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. 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 14.875 litres of liquor from a
motorcycle.
4. Learned counsel for the petitioner submits that the
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
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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 her friend would misuse the vehicle in the manner as
alleged, who also fled from the spot. It is also 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. 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 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 Bhitta P.S. Case No. 87 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
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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.
8. The personal appearance of the SHO is dispensed
with.
(Satyavrat Verma, J)
Sumit/-
U T
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