Patna High Court
Rekha DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties, and verification of antecedents.
Summary
Rekha Devi, the wife of Ramesh Sah, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for the alleged recovery of 13.5 litres of liquor from a scooty she owned. The petitioner argued that she had no prior criminal record, was not arrested at the scene, and had no conscious possession of the liquor, asserting that the vehicle was misused by another individual, Birju Kumar Sah. The State opposed the bail, contending that the offence warranted detention. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of her antecedents. The court clarified that if any criminal antecedent is discovered, the bail may be revoked; otherwise, the provisional order will be confirmed.
Issues considered
- Whether anticipatory bail can be granted when the accused is merely the owner of the vehicle from which liquor was seized and not in actual possession.
- Whether the nature of the offence under Section 30(a) of the Excise Act justifies denial of anticipatory bail.
- What conditions may be imposed on provisional anticipatory bail, including verification of criminal antecedents.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- vehicle ownership
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26330 of 2026
Arising Out of PS. Case No.-224 Year-2025 Thana- Excise Benipatti District- Madhubani
======================================================
Rekha Devi Wife of Ramesh Sah R/o Village - Kora, Ward No. 11, P.S.-
Singhbara, District - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Prakash
For the Opposite Party/s : Ms.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-04-2026 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
Section 30(a) 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 13.500 litres of liquor from a
scooty.
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 the seized
scooty. It is next submitted that no prudent person would use her
Patna High Court CR. MISC. No.26330 of 2026(2) dt.22-04-2026
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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
Birju Kumar Sah would misuse the vehicle in the manner as
alleged as he was also apprehended at the spot. 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
Excise Thana Benipatti P. S. Case No.224 of 2025, 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
accepting the provisional bail bonds of the petitioner shall verify
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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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