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Patna High Court

Kavita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner, subject to bond, sureties, and verification of antecedent.

Summary

Petitioner Kavita Devi, wife of Biran Rai, feared arrest in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for the alleged recovery of 38.34 litres of liquor from a motorcycle she owned. She asserted that she had a clean antecedent, was not in possession of the liquor, and was unaware that the vehicle was misused by Gauri Shankar and Dheeraj. The State opposed her prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 and two sureties of the same amount, subject to verification of her criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision was based on the provisions of Section 482(2) of the BNSS and the principles governing anticipatory bail.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under the Bihar Excise Act.
  • Whether ownership of the vehicle used in the alleged offence implicates the petitioner for anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • vehicle ownership
  • clean antecedent
  • Section 482
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7707 of 2026
                   Arising Out of PS. Case No.-463 Year-2025 Thana- EXCISE DANAPUR District- Patna
                 ======================================================
                 Kavita Devi wife of Biran Rai @ Biran Kumar @ Biran Ray R/o - Chourasiya
                 Suarmarwa, P.S - Maner, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Pankaj Kumar
                 For the Opposite Party/s :      Mr.Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026               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(3) of the Bihar Excise Act.

                             3.    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 38.34 litres of liquor from a

                   motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   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
Patna High Court CR. MISC. No.7707 of 2026(2) dt.23-02-2026
                                            2/3




          her own vehicle for committing an occurrence and thus would

          create evidence against herself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Gauri Shankar would misuse the vehicle in the manner as

          alleged, who was also apprehneded from the spot along with

          Dheeraj.

                   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 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 Excise Danapur P.S. Case No. 463 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
              Patna High Court CR. MISC. No.7707 of 2026(2) dt.23-02-2026
                                                          3/3




                        Court, as such, the provisional 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)
Sumit/-

U         T


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