Patna High Court
Nitu DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of her antecedents.
Summary
The petitioner, Nitu Devi, sought anticipatory bail under Section 438 of the Criminal Procedure Code in a case where 4.770 litres of liquor were recovered from a motorcycle she owned. The prosecution alleged that the liquor was being transported illegally, but the petitioner argued she had no knowledge of her husband’s alleged misuse of the vehicle and had no prior criminal record. The learned counsel highlighted that the petitioner was not arrested at the spot and that ownership of the vehicle alone should not constitute evidence of guilt. The court considered the petitioner's clean antecedent, gender, and lack of direct involvement, and directed that she be released on provisional anticipatory bail upon furnishing bail bonds and sureties. The order was made subject to verification of her antecedents, with a provision that the bail could be revoked if any prior case is discovered.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in the context of alleged excise law violations.
- Whether ownership of the vehicle used in the alleged offence implicates the petitioner criminally.
- Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- ownership of vehicle
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37884 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- Excise Benipatti District- Madhubani
======================================================
Nitu Devi W/o Kamlesh Ram R/o Village - Depura, Ward no. 15, P.S -
Benipatti, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Pallavi
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 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 is a person with clean antecedent and is a woman
and allegation is of recovery of 4.770 litres of liquor from a
motorcycle.
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
vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.37884 of 2026(2) dt.17-06-2026
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her own 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
her husband Kamlesh would misuse the vehicle in the manner as
alleged as he was also apprehended at the spot.
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.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
Benipatti Excise P. S. Case No.86 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
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
Patna High Court CR. MISC. No.37884 of 2026(2) dt.17-06-2026
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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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
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