Patna High Court
Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted to the petitioner subject to bond, sureties, and verification of her criminal antecedent.
Summary
The petitioner, Shanti Devi, sought anticipatory bail after a police case under Section 30(a) of the Bihar Excise Act alleged that 15 litres of liquor were recovered from a motorcycle she owned. She argued that she had no knowledge of the liquor being in the vehicle and that she was not in possession of the contraband, emphasizing her clean criminal record and gender. The State opposed the bail, contending that ownership of the vehicle implicated her. The Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a modest bond and two sureties, directing the trial court to verify her antecedents within six weeks. The order stipulated that if any prior case is discovered, the bail would not be confirmed, but if she is found to have a clean record, the provisional bail would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS despite alleged involvement in an excise offence.
- Whether ownership of the vehicle used in the alleged offence suffices to implicate the petitioner.
- Whether the petitioner’s clean antecedent influences the grant of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Section 30(a) Bihar Excise Act
- Section 482(2) BNSS
- vehicle ownership
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4068 of 2026
Arising Out of PS. Case No.-120 Year-2025 Thana- ANTI District- Gaya
======================================================
Shanti Devi W/O Pramod Chaudhary R/O Village- Apki, P.S.- Kaasma, Distt.-
Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 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 Section 30(a) 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 15 liters of liquor from a motorcycle.
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
her own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.4068 of 2026(2) dt.29-01-2026
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create evidence against herself and hence would get implicated,
it is also submitted that petitioner was completely unaware that
Manish would misuse the vehicle in the manner as alleged who
was also apprehended from the spot.
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 Aanti P.S.
Case No. 120 of 2025 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 seeking anticipatory bail, had concealed her
antecedent before this Court, as such, the provisional
Patna High Court CR. MISC. No.4068 of 2026(2) dt.29-01-2026
3/3
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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