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Patna High Court

Khushbu DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of her criminal antecedent.

Summary

Khushbu Devi, the petitioner, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 125 litres of liquor were recovered from two motorcycles, one of which she owned. She argued that she had no conscious possession of the liquor, had a clean antecedent, and was unaware that the vehicle would be misused. The State opposed her anticipatory bail application. The Court, considering the submissions, granted provisional anticipatory bail on the condition that she furnish a bail bond of Rs.500 with two sureties and that the trial court verify her criminal antecedent. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case arising under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether ownership of the vehicle from which liquor was seized, without actual possession, suffices to justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • liquor seizure
  • vehicle ownership
  • criminal antecedent
  • Bihar Prohibition Act
  • Cr.P.C. 438

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27149 of 2026
                       Arising Out of PS. Case No.-111 Year-2026 Thana- GOPALPUR District- Patna
                 ======================================================
                 Khushbu Devi wife of Arjun Prasad Resident of Ashok Nagar, Road No. 8A
                 Changer Devi Mandir, PS. - Kankarbagh, District- Patna
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shadab Akhter, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  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 the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                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 125 litres of liquor from two

                   different motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from her conscious possession. It is further submitted

                   that petitioner came to be implicated based on the fact that she is

                   owner of one of the seized vehicles. It is next submitted that no

                   prudent person would use her own vehicle for committing an
Patna High Court CR. MISC. No.27149 of 2026(2) dt.23-04-2026
                                            2/3




          occurrence and, thus, would create evidence against herself and,

          hence, would get implicated. It is also submitted that petitioner

          was completely unaware that Sanoj Kumar would misuse the

          vehicle in the manner as alleged who was also apprehended

          from the spot. It is lastly 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 appearing on behalf of the petitioner, let 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 Gopalpur P.S. Case

          No. 111 of 2026, subject to the conditions as laid down under

          Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.

                       7. However, it is made clear that thereafter the learned

          Trial Court shall verify the criminal antecedent of the petitioner

          and if it is found that petitioner has antecedent of even one case,
           Patna High Court CR. MISC. No.27149 of 2026(2) dt.23-04-2026
                                                       3/3




                     it would be presumed that petitioner had concealed her

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioner is a person with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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