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Patna High Court

Anita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of her antecedents and compliance with the conditions imposed.

Summary

Anita Devi, the owner of a motorcycle from which 9 litres of liquor were recovered, sought anticipatory bail in a case under Section 30(a) of the Bihar Excise Act. She argued that she had no prior criminal record, was not in possession of the liquor, and was unaware that the vehicle would be misused by others. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed verification of her antecedents. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was made under the inherent powers of the Court under Section 482(2) of the CrPC.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
  • Whether ownership of the vehicle used in the alleged offence can constitute sufficient ground for arrest and denial of bail.
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • bail
  • excise law
  • ownership of vehicle
  • clean antecedent
  • Section 30(a) Bihar Excise Act
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7055 of 2026
                       Arising Out of PS. Case No.-158 Year-2020 Thana- DANAPUR District- Patna
                 ======================================================
                 Anita Devi W/o- Ramesh Kumar Goswami Village- Janakdhari Lal Road
                 Shahtoli Maszid PS- Danapur District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Umanath Mishra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-02-2026                  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 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 9 liters of liquor from a motorcycle.

                                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

                   vehicle. 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.7055 of 2026(2) dt.19-02-2026
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          create evidence against herself and hence would get implicated,

          it is also submitted that petitioner was completely unaware that

          Saurav would misuse the vehicle in the manner as alleged who

          was also apprehended from the spot along with Rohit.

                       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 Danapur

          P.S. Case No. 158 of 2020 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.7055 of 2026(2) dt.19-02-2026
                                                        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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