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Patna High Court

Nisha DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bail bond, sureties, and verification of her criminal antecedent.

Summary

The petitioner, Nisha Devi, owner of a motorcycle, was implicated in a case (PS Case No. 481 of 2023) for alleged possession of 108 litres of liquor, alleged offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2018. She applied for anticipatory bail, arguing that she has a clean antecedent, is a woman, and that the liquor was recovered from the vehicle, not from her personal possession, and that she was unaware of her friend’s alleged misuse of the vehicle. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Negotiable Instruments Act. The order also directed verification of the petitioner’s criminal antecedent; if any case is found, the bail may be revoked, otherwise it will be confirmed. The decision rests on the principle that anticipatory bail may be granted when the applicant shows no prior criminal record and the alleged conduct does not demonstrate personal culpability.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 438 of the Cr.P.C. in the circumstances of alleged liquor possession.
  • Whether ownership of the vehicle used in the alleged offence suffices to establish personal culpability under the Bihar Prohibition and Excise Act, 2018.
  • Whether the petitioner’s clean antecedent and gender are relevant factors for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 32
  • Section 438 Cr.P.C.
  • vehicle ownership
  • criminal antecedent
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5616 of 2026
                      Arising Out of PS. Case No.-481 Year-2023 Thana- KATEYA District- Gopalganj
                 ======================================================
                 Nisha Devi Wife of Baijnath R/o vill.- Persauni Khurd, P.O.- Bihar Bujurg,
                 P.S.- Tamkuhiraj, Dist.- Kushi Nagar (U.P.)
                                                                            ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sushil Kumar, Advocate
                 For the Opposite Party/s :       Mr. Nityanand, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   03-02-2026                  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 Sections 30(a) and

                   32 of the Bihar Prohibition and Excise Act, 2018.

                                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 108 litres of liquor from a

                   motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from her conscious possession. It is further submitted

                   that petitioner 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
Patna High Court CR. MISC. No.5616 of 2026(2) dt.03-02-2026
                                            2/3




          and thus would create evidence against herself and hence would

          get implicated. It is also submitted that petitioner was

          completely unaware that her friend would misuse the vehicle in

          the manner as alleged.

                       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, let the petitioner above-named, in the

          event of his 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

          Gopalganj Kateya P.S. Case No. 481 of 2023, subject to the

          conditions as laid down under Section 438(2) of the

          Cr.P.C./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 if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed her antecedent

          before this Court at para 3 of the anticipatory bail application in
           Patna High Court CR. MISC. No.5616 of 2026(2) dt.03-02-2026
                                                       3/3




                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                         (Satyavrat Verma, J)

Kundan/-

U     T


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