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Patna High Court

Mamta DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail should be granted, subject to verification of the petitioner’s antecedents and compliance with the stipulated conditions.

Summary

Mamta Devi, the owner of a scooty from which 102 litres of liquor was seized, applied for anticipatory bail under Sections 30(a) and 34 of the Bihar Prohibition and Excise Act. She argued that she had no prior criminal record, was unaware of her friend’s alleged misuse of the vehicle, and that ownership alone should not make her liable. The State opposed the bail, contending that the offence was serious. Justice Satyavrat Verma granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties and directing the trial court to verify her antecedents. The order stipulated that if any prior case is discovered, the bail would be withdrawn; otherwise, it would be confirmed. The decision hinged on the principle that anticipatory bail may be granted when the petitioner is not likely to flee and has a clean record.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the Bihar Prohibition and Excise Act.
  • Whether mere ownership of the vehicle from which liquor was seized makes the owner liable for arrest.
  • Whether the petitioner’s clean antecedent warrants bail despite the seriousness of the alleged offence.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • clean antecedent
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32937 of 2026
                     Arising Out of PS. Case No.-596 Year-2024 Thana- GARDANIBAG District- Patna
                 ======================================================
                 Mamta Devi W/o Late Raj Kumar Gupta R/o Chitkohra Bazar Mashala
                 Mandi, P.S.- Gardanibagh, Dist.- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ram Jiban Pd Singh, Adv.
                 For the Opposite Party/s :      Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State Mr. Rabindra Kumar.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence punishable under Sections 30(a) and

                   34 of Bihar Prohibition and 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 102 litres of liquor from a Scooty. It

                   is next submitted that 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 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
Patna High Court CR. MISC. No.32937 of 2026(2) dt.14-05-2026
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          get implicated. It is also submitted that the petitioner was

          completely unaware that her friend would misuse his vehicle in

          the manner as alleged who also fled from the spot. It is also

          submitted that it is not the case of the prosecution that they saw

          a woman fleeing from the place of occurrence.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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 Gardanibagh P.S. Case No.596/2024, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had

          concealed her antecedent before this court, as such, the
             Patna High Court CR. MISC. No.32937 of 2026(2) dt.14-05-2026
                                                         3/3




                       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)
amit/-

U        T


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