Patna High Court
SUKHO DEVIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties and verification of her antecedent.
Summary
The petitioner, Sukho Devi, sought anticipatory bail after a case was registered under Sections 30(a), (c), (d) and 32(3) of the Bihar Excise Act for the alleged recovery of 15 litres of liquor from her motorcycle. She argued that she had a clean antecedent, was unaware of her friend's misuse of the vehicle, and that nothing was found in her conscious possession. The State opposed the bail, contending that the vehicle’s ownership linked her to the offence. The court considered these submissions and ordered provisional anticipatory bail, requiring a bail bond of Rs. 500 and two sureties, subject to verification of her criminal antecedent. It further directed that if any antecedent is discovered, the bail would be deemed concealed and not confirmed; otherwise, the provisional bail would be confirmed. The order was made under Section 482(2) of the BNSS and the provisions of the Bihar Excise Act.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act.
- Whether ownership of the vehicle used in the alleged offence justifies arrest and denial of bail.
- Whether the petitioner’s clean antecedent influences the grant and confirmation of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- vehicle ownership
- clean antecedent
- bail conditions
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30691 of 2026
Arising Out of PS. Case No.-51 Year-2026 Thana- EXCISE GOGRI District- Khagaria
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SUKHO DEVI WIFE OF SONE KUMAR @ SONU YADAV R/o vill -
Pakrail (Bidyarthi Tol), P.S.- Maheshkhut, Distt.- Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Mohan Singh
For the Opposite Party/s : Ms. Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 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) (c)
(d) and 32(3) of the Bihar Excise Act.
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 15 liters of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
her own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.30691 of 2026(2) dt.06-05-2026
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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 further 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 before the learned Trial Court
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
Gogri P.S. Case No. 51 of 2026 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
Patna High Court CR. MISC. No.30691 of 2026(2) dt.06-05-2026
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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)
Rishabh/-
U T
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