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Patna High Court

Sobha DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted to the petitioner subject to bail bond, sureties, and verification of her antecedent.

Summary

Sobha Devi was implicated in a case under Sections 272 and 273 of the Indian Penal Code and Section 30(a) of the Bihar Excise Act for allegedly possessing 6.12 litres of liquor recovered from a motorcycle she owned. She applied for anticipatory bail, arguing she has a clean antecedent, is a woman, and was unaware of her husband’s alleged misuse of the vehicle. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail on the condition that she furnish a bail bond of Rs. 500 with two sureties and that the trial court verify her criminal antecedent within six weeks. If any antecedent is discovered, the bail would be deemed concealed and the order would not be confirmed; otherwise, the bail would be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail can be granted in a case under Sections 272, 273 IPC and Section 30(a) Bihar Excise Act
  • Whether ownership of the vehicle implicates the owner in the alleged offence
  • Whether the petitioner’s clean antecedent and gender are relevant factors for anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor possession
  • vehicle ownership
  • IPC sections 272, 273
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41551 of 2026
                   Arising Out of PS. Case No.-73 Year-2026 Thana- Excise Benipatti District- Madhubani
                 ======================================================
                 Sobha Devi S/o Jitan Yadav R/o - Jiraul, Ward No.09. P.S - Khirhar, District -
                 Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ashok Kumar Alias Ashok Karn, Advocate
                 For the Opposite Party/s :        Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-06-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Mr. Rabindra Kumar.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Sections 272 and

                   273 of the Indian Penal Code read with 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 6.12 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
Patna High Court CR. MISC. No.41551 of 2026(2) dt.30-06-2026
                                            2/3




          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 hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          her husband, Jitan, 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 Excise

          Benipatti P.S. Case No. 73 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
            Patna High Court CR. MISC. No.41551 of 2026(2) dt.30-06-2026
                                                        3/3




                      purposes of 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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