Patna High Court
Shiokant Devi @ Shivkanti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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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