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Patna High Court

Kanti DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted, subject to bail bond, sureties, and verification of antecedent.

Summary

The petitioner, Kanti Devi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act involving the seizure of large quantities of liquor from vehicles she owned. She argued she had no conscious possession of the liquor and was unaware that a friend misused her vehicle. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and appear before the trial court within six weeks. The order also stipulated that the trial court verify her criminal antecedent; if any prior case is found, the bail would be revoked, otherwise it would be confirmed. The decision rests on the provisions of Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether ownership of a vehicle used in the alleged offence is sufficient ground to deny anticipatory bail.
  • Whether the court may condition anticipatory bail on verification of the petitioner’s criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • provisional bail
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3336 of 2026
                       Arising Out of PS. Case No.-459 Year-2025 Thana- BANIAPUR District- Saran
                 ======================================================
                 Kanti Devi W/o- Late Raju Nat R/o Village- Kauhauli Manohar PS-
                 Baniyapur, Dist- Saran at Chapra
                                                                    ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nalin Kumar, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026                  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 offence punishable under Section 30(a) of the

                   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 50 litres of liquor from a bamboo

                   orchard and 140 litres of liquor from three motorcycles and a

                   Bolero vehicle along with 10 litres of liquor from possession of

                   Rajdev and Satrudhan and 2000 litres of semi manufactured

                   liquor was destroyed at the spot.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from her conscious possession. It is further submitted
Patna High Court CR. MISC. No.3336 of 2026(2) dt.28-01-2026
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          that petitioner came to be implicated based on the fact that she is

          owner of one of the seized vehicles. 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 get implicated. It is also submitted that petitioner

          was completely unaware that her friend would misuse the

          vehicle in the manner as alleged who also fled from the spot.

                       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, let 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

          Baniyapur P.S. Case No. 459 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Cr.P.C./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 if
           Patna High Court CR. MISC. No.3336 of 2026(2) dt.28-01-2026
                                                       3/3




                     it is found that petitioner has antecedent of even one case, it

                     would be presumed that petitioner had concealed her antecedent

                     before this Court at para 3 of the anticipatory bail application in

                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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