Patna High Court
Chandra 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 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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 482(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.