Patna High Court
Ranjan DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail to the petitioner, subject to conditions and verification of her antecedents.
Summary
The petitioner, Ranjan Devi, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 10 litres of liquor from a motorcycle she owned. She argued that she had no prior criminal record, was unaware of her friend's misuse of the vehicle, and that no liquor was found in her possession. The State opposed the bail, contending that the seizure linked her to the offence. The Court granted provisional anticipatory bail, subject to a bail bond of Rs. 500 with two sureties and a six‑week window for surrender, pending verification of her antecedents. It directed that if any prior case is discovered, the bail would be revoked, otherwise the provisional order would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act
- Whether ownership of the vehicle used in the alleged offence suffices to implicate the petitioner
- Whether the petitioner’s clean antecedent warrants grant of anticipatory bail
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32195 of 2026
Arising Out of PS. Case No.-44 Year-2026 Thana- KADWA District- Katihar
======================================================
Ranjan Devi W/O Jagdish Yadav Resident of Village - Doasi, P.S-
Dandkhora,Dist- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Balkrishna Mishra
For the Opposite Party/s : Mr. Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-05-2026 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 Section 30(a) 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 10 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.32195 of 2026(2) dt.13-05-2026
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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 next 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 Kadwa
P.S. Case No. 44 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 purposes of
seeking anticipatory bail, had concealed her antecedent before this
Patna High Court CR. MISC. No.32195 of 2026(2) dt.13-05-2026
3/3
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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