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Patna High Court

Rina DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of her antecedents, under Section 482(2) of the BNSS.

Summary

Rina Devi, the owner of a Scorpio vehicle and a Bullet motorcycle, was implicated in a case alleging the recovery of 468 litres of liquor from her vehicles, violating Sections 30(a) and 41(i) of the Bihar Excise Act. She argued that she had no knowledge of the liquor being in the vehicles, had a clean criminal record, and was not in possession of the contraband at the time of seizure. The State opposed her request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned on verification of her antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would be deemed concealed and the provisional order would not be confirmed; otherwise, it would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged possession of liquor in her vehicle.
  • Whether ownership of the vehicle alone suffices to establish culpability under the Bihar Excise Act.

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.77278 of 2025
                       Arising Out of PS. Case No.-320 Year-2024 Thana- DURAULI District- Siwan
                 ======================================================
                 Rina Devi W/O Sugreem Singh R/O Village- Mahamudpur, P.S- Andar, Distt.-
                 Siwan.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Singh, Advocate
                 For the Opposite Party/s :       Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   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

                   41(i) 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 468 liters of liquor from a Scorpio

                   vehicle and one Bullet 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
Patna High Court CR. MISC. No.77278 of 2025(3) 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 also submitted that petitioner was completely unaware that

          Rajan would misuse the vehicle in the manner as alleged who

          was also apprehended from the spot along with Sudhanshu and

          Vijay.

                       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 Darauli

          P.S. Case No. 320 of 2024 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
            Patna High Court CR. MISC. No.77278 of 2025(3) dt.23-02-2026
                                                        3/3




                      purposes of seeking anticipatory bail, had concealed her

                      antecedent before this 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)
Rishabh/-

U      T


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