Patna High Court
Anku DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of her criminal antecedent.
Summary
Anku Devi, the owner of a Creta car, was implicated in a case involving the alleged recovery of 302,400 liters of liquor, leading to a charge under Section 317(5) of the Bihar Narcotic Substances Act read with Section 30(a) of the Bihar Excise Act. She applied for anticipatory bail, arguing that she had a clean antecedent, was a woman, and had no conscious possession of the liquor, the vehicle being misused by her husband Sonu Mishra. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditioned it on verification of the petitioner’s criminal antecedent by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bihar Narcotic Substances Act in view of the alleged liquor seizure.
- Whether ownership of the vehicle alone can constitute sufficient basis for arrest under the cited provisions.
- Whether the petitioner’s clean antecedent is a requisite condition for granting anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Narcotic Substances Act — s. 317(5), 482(2)
Subjects
- anticipatory bail
- ownership of vehicle
- liquor seizure
- Bihar Narcotic Substances Act
- Bihar Excise Act
- clean antecedent
- Section 317
- Section 30
- Criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45355 of 2026
Arising Out of PS. Case No.-490 Year-2025 Thana- MIRGANJ District- Gopalganj
======================================================
Anku Devi W/o Sonu Mishra Resident of Village - Bhalui, P.S -
Muhammadpur, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Harshvardhan
For the Opposite Party/s : Ms. Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-07-2026 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 317(5) of
the BNS 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 302.400 liters of liquor from a Creta
car.
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
Patna High Court CR. MISC. No.45355 of 2026(2) dt.08-07-2026
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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
Sonu would misuse the vehicle in the manner as alleged who
was also apprehended from the spot along with Sonu Kumar.
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 Mirganj
P.S. Case No. 490 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
Patna High Court CR. MISC. No.45355 of 2026(2) dt.08-07-2026
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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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