Patna High Court
Boby 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 antecedent.
Summary
Boby Devi, the owner of a Scorpio vehicle, was implicated in a case where 675 litres of liquor were seized from her vehicle, alleged to be offences under Sections 30(a) and 47 of the Bihar Excise Act. She contended that she had no knowledge of the driver’s misuse of the vehicle and that no liquor was found in her conscious possession. The State opposed her request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that she surrender within six weeks, furnish bail bonds and sureties, and that the trial court verify her criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would be withdrawn, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged possession of illicit liquor.
- Whether ownership of the vehicle alone suffices to establish culpability under Sections 30(a) and 47 of the Bihar Excise Act.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify the grant of bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 47
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- possession
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39410 of 2026
Arising Out of PS. Case No.-62 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
Boby Devi S/o Lakshman Rai Resident of Vill. - Bansi Batraha, P.S. -
Phulwariya, Dist. - Gopalganj.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Anupam
For the Opposite Party/s : Mr. Sanjay Kumar Sharma
======================================================
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 offences punishable under Sections 30(a) and
47 of the Bihar 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 675 liters of liquor from a Scorpio
vehicle.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended 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.39410 of 2026(2) dt.22-06-2026
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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 her driver would misuse the vehicle in the manner as
alleged who also fled from the spot. It is next 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 for the petitioner, the petitioner above-named, in the
event of her arrest or surrender before the learned Trial Court
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 Excise
Siwan P.S. Case No. 62 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
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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
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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