Patna High Court
Sobha DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 272, 273
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
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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
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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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