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Patna High Court

Shiokant Devi @ Shivkanti DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

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

Summary

The petitioner, Shiokant Devi, owner of an auto, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 210 litres of liquor from her vehicle. She argued that she had no knowledge of the liquor, was not in possession, and had a clean criminal record, emphasizing that a prudent person would not use her own vehicle for such an offence. The State opposed her request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a modest bail bond, two sureties, and verification of her antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would be revoked, whereas confirmation would follow if she is found to have a clean record. The decision hinged on the principles governing anticipatory bail under Section 482(2) of the Criminal Procedure Code.

Issues considered

  • What is the appropriateness of granting anticipatory bail to a vehicle owner implicated in an excise offence where no direct possession is established?
  • Whether the petitioner’s clean antecedent and lack of knowledge of the contraband justify provisional anticipatory bail under Section 482(2) of the CrPC.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • vehicle owner liability
  • clean antecedent
  • Section 482 CrPC
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.58227 of 2025
                       Arising Out of PS. Case No.-134 Year-2025 Thana- KHAGAUL District- Patna
                 ======================================================
                 Shiokant Devi @ Shivkanti Devi W/o- Yogendra Singh Mohalla- Ramjee
                 chak, yadav Gali, PS- Digha, District- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Akhauri Kamal Kishore Sahay, Advocate
                 For the Opposite Party/s :       Ms. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-01-2026                  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 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 210 liters of liquor from an Auto.

                                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

                   Auto. It is next submitted that no prudent person would use her

                   own vehicle for committing an occurrence and thus would
Patna High Court CR. MISC. No.58227 of 2025(3) dt.06-01-2026
                                            2/3




          create evidence against herself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that her driver 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, 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 Khagaul

          P.S. Case No. 134 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

          antecedent before this Court, as such, the provisional
            Patna High Court CR. MISC. No.58227 of 2025(3) dt.06-01-2026
                                                        3/3




                      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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