Patna High Court
Vasanti Devi @ Basanti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner.
Summary
Vasanti Devi, the owner of a motorcycle, was implicated in a case where 33.8 litres of illicit liquor were recovered from the vehicle, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. She claimed that the motorcycle was used by her son without her knowledge, asserted her innocence, and highlighted her clean antecedent and status as a woman. The State opposed her request for anticipatory bail. The High Court, considering these facts and the petitioner’s gender, allowed the anticipatory bail application, directing her to furnish bail bonds and sureties as per Section 482(2) of the BNSS. The court clarified that its observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether anticipatory bail can be granted to a person alleged to be involved in the transport of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s status as a woman and her clean antecedent justify the grant of anticipatory bail.
- Whether ownership of the vehicle used by a relative implicates the owner in the offence.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- motor vehicle ownership
- gender considerations
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38573 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- NUAOW District- Kaimur (Bhabua)
======================================================
Vasanti Devi @ Basanti Devi W/O Vullu Bind Resident of village -
Dumduma (Hariharpur), PS- Kudhani, district -Kaimur at Bhabhua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nawal Kishore Singh
For the Opposite Party/s : Mr. Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Nuaon P.S. Case No. 24 of 2026 registered for offences under
Sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 33.8 liters of illicit
liquor was recovered from the motorcycle in question.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
It is further submitted that the petitioner is the owner of the
motorcycle in question which was used by the son of the
petitioner for transporting illicit liquor. The petitioner claims
clean antecedent.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.38573 of 2026(2) dt.17-06-2026
2/2
the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case and the fact that the petitioner is a woman, this
application for anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Nuaon P.S. Case No. 24 of 2026 subject to the conditions as laid
down under Section 482(2) of the BNSS.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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