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Patna High Court

Rita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner subject to conditions and verification of her criminal antecedent.

Summary

Rita Devi, the wife of Ramchandra Yadav, was implicated in an excise case after 120.960 litres of liquor were recovered from a car she owned. She applied for anticipatory bail under Section 438 of the Criminal Procedure Code, arguing that she was not present at the spot, had no conscious possession of the liquor, and was unaware of any misuse of her vehicle. The prosecution opposed the bail, citing her prior involvement in an excise case. The court noted that ownership alone does not prove participation, especially for a woman with only one prior case, and therefore granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and verification of her criminal antecedent. If the verification reveals more than one prior case, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted to a vehicle owner alleged to be involved in an offence under Section 30(a) of the Excise Act.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise offence
  • Section 30(a) Excise Act
  • Section 438 CrPC
  • vehicle ownership liability
  • criminal antecedent
  • women

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33218 of 2026
                      Arising Out of PS. Case No.-84 Year-2026 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Rita Devi W/o Ramchandra Yadav R/o vill - Nazirpur, P.S.- Rahika, Distt.-
                 Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Bhavesh Kumar Sah
                 For the Opposite Party/s :         Mr.Ajay Kumar Jha
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   14-05-2026                  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 has antecedent of one case under the Excise Act

                   and is a woman and allegation is of recovery of 120.960 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 she came to be

                   implicated based on the fact that she is owner of the seized car.

                   It is next submitted that no prudent person would use her own
Patna High Court CR. MISC. No.33218 of 2026(2) dt.14-05-2026
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          vehicle for committing a crime and thus, would create evidence

          against herself and hence, would get implicated. It is further

          submitted that petitioner was completely unaware that

          Ramchandra would misuse the vehicle in the manner as alleged

          as he was also apprehended at the spot along with Virendra

          Yadav. It is not the case of the prosecution that they saw a

          woman fleeing from the place of occurrence.

                       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.5,000/- (Rupees Five Thousand) 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 Sadar Excise P. S. Case No.84 of 2026, 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
               Patna High Court CR. MISC. No.33218 of 2026(2) dt.14-05-2026
                                                           3/3




                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than one case, then

                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed her antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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