Patna High Court
Nisha DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Instruments Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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