Patna High Court
Mithu DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail may be granted provisionally, subject to verification of the petitioner’s antecedents and compliance with the conditions of Section 438(2) CrPC.
Summary
Mithu Devi, the owner of a motorcycle from which 13.5 litres of liquor was recovered, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with an offence punishable under Section 30(a) of the Excise Act. She argued that she had no prior criminal record, was not arrested at the spot, and was unaware that the vehicle would be misused by another person. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, directed that she be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of her antecedents. The order stipulated that if any criminal antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed, granting provisional anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted when the accused is not yet arrested and is implicated solely as the owner of the vehicle used in the alleged offence
- Whether the requirement of a clean antecedent is essential for the grant of anticipatory bail under Section 438 CrPC
- Application of the conditions prescribed under Section 438(2) of the Criminal Procedure Code
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- vehicle owner liability
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6091 of 2026
Arising Out of PS. Case No.-701 Year-2025 Thana- RUPASPUR District- Patna
======================================================
Mithu Devi Son of Darshan Kumar R/o Mohanpur, L.B.S. Nagar, New
Punaichak, P.S. - Shastri Nagar, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Patanjali Rishi
For the Opposite Party/s : Mr.Ajay Kumar No. 2
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of her
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is a woman
and allegation is of recovery of 13.5 litres of liquor from a
motorcycle.
4. The learned counsel for the petitioner submits 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
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her own vehicle for committing a crime and thus, would create
evidence against herself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
Anand would misuse the vehicle in the manner as alleged as he
was also apprehended at the spot.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on her furnishing bail-bonds in the
sum 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
Rupaspur P. S. Case No.701 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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
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would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, 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)
vikash/-
U T
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