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Patna High Court

Gyanti DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

Gyanti Devi, the owner of a motorcycle from which 126 litres of liquor was seized, sought anticipatory bail fearing arrest under Sections 30(a) and 32(3) of the Bihar Excise Act. She argued that she had no prior criminal record, was unaware of her friend’s alleged misuse of the vehicle, and that the liquor was not found in her conscious possession. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.500 with two sureties and subject to verification of her antecedent under Section 482(2) of the BNSS. The order directs the trial court to confirm the bail if she is found to have a clean record, otherwise the bail may be revoked.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case of alleged possession of illicit liquor.
  • Whether ownership of the vehicle used for the alleged offence suffices to implicate the owner without proof of conscious possession.

Subjects

  • anticipatory bail
  • excise law
  • seizure of liquor
  • ownership vs possession
  • clean antecedent
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28432 of 2026
                        Arising Out of PS. Case No.-500 Year-2025 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Gyanti Devi W/o Jagdish R/o Village - Satro Satrao, P.S.- Satraon, District -
                 Deoria (U.P)

                                                                                      ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr.Chandra Shekhar Kumar Singh, Adv
                                                    Mr. Abhhishek Kumar Verma, Adv
                 For the Opposite Party/s :         Mr.Renuka Ratnakar(App125)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-04-2026               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 Sections 30(a) and

                   32(3) 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 126 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
Patna High Court CR. MISC. No.28432 of 2026(2) dt.29-04-2026
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          vehicle. It is next submitted that no prudent person would use

          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 fled from the spot. It is also submitted that it is not

          the case of the prosecution that they saw fleeing a woman 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 Excise (Sadar) P.S. Case No. 500 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
              Patna High Court CR. MISC. No.28432 of 2026(2) dt.29-04-2026
                                                          3/3




                        then it would be presumed that petitioner, for the purposes of

                        seeking anticipatory bail, had concealed her antecedent before this

                        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.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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