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Patna High Court

Pinki DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedents.

Summary

Pinki Devi applied for anticipatory bail under Section 438 of the CrPC in connection with a case under Section 30(a) of the Excise Act, where 518,400 litres of liquor were recovered from a motorcycle she owned. The petitioner argued that she was not present at the seizure, had no conscious possession of the liquor, and was unaware that a friend would misuse her vehicle. The State opposed the bail, citing her criminal antecedents, which include four prior cases, two under the Excise Act. The High Court granted provisional anticipatory bail, requiring a bail bond of Rs.20,000 with two sureties and directing verification of her antecedents. The order conditions that if more than four prior cases are found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC in the present facts.
  • Whether ownership of the vehicle used in the alleged offence suffices to implicate the owner.
  • Whether the petitioner’s criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • vehicle ownership
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38963 of 2026
                      Arising Out of PS. Case No.-66 Year-2026 Thana- Panapur District- Muzaffarpur
                 ======================================================
                 Pinki Devi W/O Jai Shankar Thakur Resident of Village - Chikanauta, P.S-
                 Karja, District - Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms.Nitu Kumari
                 For the Opposite Party/s :        Mr.Syed Ehteshamuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-06-2026                  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 has antecedent of four cases out of which two

                   cases are under the Excise Act and is a woman and allegation is

                   of recovery of 518.400 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 he 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.38963 of 2026(2) dt.18-06-2026
                                            2/3




          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 friend would misuse the vehicle in the manner as alleged

          who also fled from the spot. It is not the case of the prosecution

          that they saw a woman fleeing from the place of occurrence.

                       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.20,000/- (Rupees Twenty Thousand) 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 Panapur Kariyat P. S. Case No.66 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
               Patna High Court CR. MISC. No.38963 of 2026(2) dt.18-06-2026
                                                           3/3




                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than four cases,

                         then it 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 has antecedent of only four cases, in that event,

                         the provisional anticipatory bail order shall be confirmed

                         forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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