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Patna High Court

Chandra DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of her criminal antecedents.

Summary

Chandra Devi, the owner of a motorcycle from which 24.75 litres of liquor was seized, applied for anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. She argued that she had no knowledge of the liquor being in her vehicle, that the liquor was not found in her personal possession, and that she has a clean criminal record. The State opposed the bail, contending that the seizure implicated her. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.500 with two sureties and directed the trial court to verify her antecedents. The order is subject to confirmation if the trial court finds any prior criminal case against her; otherwise, the bail will be confirmed immediately.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in a case of alleged possession of liquor recovered from her vehicle.
  • Whether ownership of the vehicle, without actual possession of the contraband, suffices to justify arrest under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Section 482
  • excise law
  • vehicle ownership
  • possession
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40009 of 2026
                      Arising Out of PS. Case No.-92 Year-2026 Thana- Excise P.S. District- Darbhanga
                 ======================================================
                 Chandra Devi W/O Jagdish Paswan Village - Bajitpur Kilaghat Musapur P.S.-
                 Town District - Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Virendra Kumar
                 For the Opposite Party/s :         Mr. Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-06-2026                  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

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                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 24.750 litres of liquor from a

                   motorcycle. It is next submitted that 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 her own vehicle for committing an

                   occurrence and thus would create evidence against herself and
Patna High Court CR. MISC. No.40009 of 2026(2) dt.23-06-2026
                                            2/3




          hence would get implicated. It is also submitted that the

          petitioner was completely unaware that Dinesh would misuse

          her vehicle in the manner as alleged who was also apprehended

          from the spot along with Krishan. It is also submitted that it is

          not the case of the prosecution that they saw a woman fleeing

          from the place of occurrence.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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 Excise Sadar P.S. Case No.92/2026, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.40009 of 2026(2) dt.23-06-2026
                                                         3/3




                       concealed her antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification 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)
amit/-

U        T


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