Patna High Court
Rabri Kumari @ Rabri DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of her antecedent, with the bail to be confirmed if no prior case is found and cancelled otherwise.
Summary
Rabri Kumari sought anticipatory bail after the police seized 65 litres of liquor from a motorcycle she owned, alleging a violation of Section 30(a) of the Bihar Prohibition and Excise Act. She argued she had no conscious possession, was not arrested at the spot, and was unaware that Lalo Yadav would misuse her vehicle. The State opposed the bail. The High Court, considering her clean antecedent and the circumstances, granted provisional anticipatory bail on a cash bond and two sureties, subject to verification of her criminal record. The order stipulated that if any antecedent is discovered, the bail would be cancelled; otherwise, it would be confirmed. The decision was based on the provisions of Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Narcotic and Substance (B.N.S.S.) Act.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC/Section 482(2) B.N.S.S. in a case of alleged possession of liquor.
- Whether ownership of the vehicle used in the alleged offence makes the petitioner liable for the offence.
- Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic and Substance (B.N.S.S.) Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- vehicle ownership
- clean antecedent
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39309 of 2026
Arising Out of PS. Case No.-29 Year-2023 Thana- TARABARI District- Araria
======================================================
Rabri Kumari @ Rabri Devi D/o Ashok Mandal, W/o Pramod Kumar Mandal
R/o vill - Capay Dagil Nagar, ward no. 3, P.S.- K. Nagar, Distt.- Purnia, at
present R/o vill - Parwaha, ward no. 1, P.S.- Forbisganj, Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 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 offence punishable under Section 30(a) of the
Bihar Prohibition and 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 65 litres of liquor from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from her conscious possession. It is further submitted
that petitioner 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
Patna High Court CR. MISC. No.39309 of 2026(2) dt.22-06-2026
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and, thus, would create evidence against herself and, hence,
would get implicated. It is also submitted that petitioner was
completely unaware that Lalo Yadav would misuse the vehicle
in the manner as alleged who was also apprehended from the
spot. It is lastly 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 appearing on behalf of the petitioner, let the petitioner,
above-named, in the event of her 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 Tarabari P.S. Case
No. 29 of 2023, subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
and if it is found that petitioner has antecedent of even one case,
Patna High Court CR. MISC. No.39309 of 2026(2) dt.22-06-2026
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it would be presumed that petitioner had concealed her
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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