Patna High Court
Kanti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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
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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
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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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