Patna High Court
Mamta DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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 The order stipulated that if any prior case is discovered, the bail would be withdrawn; otherwise, it would be confirmed.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
- Bihar Prohibition and Excise Act — s. 30(a), 34
- Code of Criminal Procedure — s. 482(2)
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
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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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