Patna High Court
Sakuntla DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of a clean antecedent and compliance with the stipulated conditions.
Summary
Sakuntla Devi, the owner of a vehicle from which 475 litres of liquor were seized, applied for anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act. She argued that she had no prior criminal record, was unaware of her driver’s alleged misuse of the vehicle, and that no liquor was found in her direct possession. The State opposed the bail, contending that the seizure implicated her as the vehicle owner. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties and directed verification of her antecedent. It further held that if any prior case is discovered, the bail would not be confirmed; otherwise, the provisional order would be made final.
Issues considered
- Whether anticipatory bail can be granted to the vehicle owner under Section 482(2) of the BNSS in a case of alleged excise law violation.
- Whether ownership of the vehicle used in the alleged offence makes the owner liable for the offence under Section 30(a) of the Bihar Excise Act.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Instruments (or relevant) Statute (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- vehicle ownership
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35334 of 2026
Arising Out of PS. Case No.-325 Year-2018 Thana- ALAMGANJ District- Patna
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Sakuntla Devi W/O Lakhan Paswan R/O Village- Karma Dhab (Bodh Gaya)
Cherki, P.S.- Bodh Gaya, Dist.- Gaya, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vikalp
For the Opposite Party/s : Mr. Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-06-2026 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 offences punishable under Section 30(a) of the
Bihar 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 475 liters of liquor from an Auto.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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
Patna High Court CR. MISC. No.35334 of 2026(3) dt.22-06-2026
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create evidence against herself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
her driver would misuse the vehicle in the manner as alleged
who also fled from the spot. It is next submitted that it is not the
case of the prosecution that they saw a woman fleeing from the
place of occurrence.
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, 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 Alamganj
P.S. Case No. 325 of 2018 subject to the conditions as laid down
under Section 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 in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed her antecedent before this
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Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if 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)
Rishabh/-
U T
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