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Patna High Court

SUKHO DEVIversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                            2/3




          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
                                                        3/3




                      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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