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Patna High Court

Sanju DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s antecedent, with confirmation contingent on a clean record.

Summary

Sanju Devi, a woman with no prior criminal record, sought anticipatory bail after being implicated in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act for allegedly possessing 2.99 litres of liquor recovered from a motorcycle she owned. She argued that the liquor was not in her conscious possession and that she was unaware of any misuse of the vehicle by another individual, Jitendra, who was apprehended at the scene. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a Rs. 500 bond, two sureties, and verification of her criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed. The decision rests on the court’s discretion under Section 482(2) of the Bihar Narcotic Substances Act.

Issues considered

  • What is the appropriateness of granting anticipatory bail to the petitioner under the circumstances?
  • Does ownership of the vehicle from which liquor was recovered constitute sufficient basis for arrest and denial of bail?
  • Is a clean criminal antecedent a prerequisite for confirming anticipatory bail?

Legislation cited

Subjects

  • anticipatory bail
  • vehicle ownership
  • possession of liquor
  • criminal antecedent
  • Section 274
  • Section 275
  • Section 30(a)
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38006 of 2026
                     Arising Out of PS. Case No.-60 Year-2026 Thana- BASOPATTI District- Madhubani
                 ======================================================
                 Sanju Devi W/o Ram Ishwar Thakur Resident of Village - Babhandai Chowk
                 Basopatti, P.S. - Basopatti, District - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Subhash Kumar Jha
                 For the Opposite Party/s :       Mr.Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026               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 Sections 274 and

                   275 of BNS and Section 30(a) of the Bihar Excise Act.

                             3.    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 2.99 litres of liquor from a

                   motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   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.38006 of 2026(2) dt.17-06-2026
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          her own vehicle for committing an occurrence and thus would

          create evidence against herself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Jitendra would misuse the vehicle in the manner as alleged,

          who was also apprehended 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, the petitioner above-named, in the

          event of his arrest or surrender 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 Basopatti P.S. Case No. 60 of 2026, 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

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a
              Patna High Court CR. MISC. No.38006 of 2026(2) dt.17-06-2026
                                                          3/3




                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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