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Patna High Court

Sona Devi @ Soni DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent under Section 438(2) of the CrPC.

Summary

The petitioner, Sona Devi, a 62‑year‑old woman with a clean record, 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 492.480 litres of liquor from a vehicle. The petitioner argued that she was not arrested at the scene, no liquor was found in her possession, and she is a senior citizen with no prior convictions. The State opposed the anticipatory bail. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of her antecedents by the trial court. The order stipulated that if any criminal antecedent is discovered, the bail would be cancelled; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Excise Act.
  • Whether the petitioner’s age, clean antecedent, and lack of possession of the alleged liquor justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • senior citizen
  • clean antecedent
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30993 of 2026
                   Arising Out of PS. Case No.-281 Year-2024 Thana- SIWAN MUFFASIL District- Siwan
                 ======================================================
                 Sona Devi @ Soni Devi S/o Rajendra Prasad R/o - Harihans Kali Mandir
                 Mandir, Siswan, P.S - Hussainganj, District - Siwan, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Purnendu Keshav
                                                 Mr.Abhijeet Abhigyan
                 For the Opposite Party/s :      Mr.Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026                   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 492.480 litres of liquor from a

                   car.

                                 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 it is not the case of

                   the prosecution that they saw a woman fleeing from the place of
Patna High Court CR. MISC. No.30993 of 2026(2) dt.07-05-2026
                                            2/3




          occurrence. It is also submitted that petitioner is a senior citizen

          aged about 62 years and has remained a person with clean

          antecedent all throughout.

                       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

          Siwan Mufassil P. S. Case No.281 of 2024, 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

          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,
               Patna High Court CR. MISC. No.30993 of 2026(2) dt.07-05-2026
                                                           3/3




                         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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