Patna High Court
Parvati 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
Petitioner Parvati Devi, owner of a Tata Sumo, was implicated in a case (PS‑443/2022) for the alleged recovery of 360 litres of liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. She argued that she had no knowledge of the liquor being in the vehicle, that the vehicle was misused by a friend who was arrested at the spot, and that she has a clean criminal record. The State opposed her request for anticipatory bail. The Court, considering her clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed the trial court to verify her antecedents. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether ownership of the vehicle, without possession of the contraband, suffices to grant anticipatory bail.
Legislation cited
- Bihar Narcotic and S... (B.N.S.S.) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- vehicle ownership
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45870 of 2026
Arising Out of PS. Case No.-443 Year-2022 Thana- BEUR District- Patna
======================================================
Parvati Devi W/o Shankar Roy R/o Village- Nandu Tola, PS- Khagaul,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bijay Kumar
For the Opposite Party/s : Mr. Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-07-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and 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 360 litres of liquor from a Tata Sumo
vehicle. 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
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hence would get implicated. It is also submitted that the
petitioner was completely unaware that her friend would misuse
his vehicle in the manner as alleged, who was also apprehended
from the spot.
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 Beur P.S. Case No.443 of 2022, 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
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
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antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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