Patna High Court
Veena DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to verification of her antecedents and compliance with the stipulated bond and surety conditions.
Summary
The petitioner, Veena Devi, sought anticipatory bail fearing arrest in a case registered under Sections 274, 275, 3(5) of the BNS, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, relating to the alleged recovery of 261 litres of liquor and two motorcycles. She argued that she has a clean antecedent, is a woman, and was not in possession of the seized items; her only connection is ownership of one of the vehicles. The State opposed the bail, contending that the allegations warrant detention. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and directed the trial court to verify her criminal antecedents. If any antecedent is found, the bail will not be confirmed; if she is found clean, the bail will be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in view of the alleged offences under the BNS, 2023 and the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether ownership of a seized vehicle suffices to implicate the petitioner in the alleged liquor smuggling offence.
Legislation cited
Subjects
- anticipatory bail
- Section 482
- criminal antecedent
- liquor seizure
- vehicle ownership
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83551 of 2025
Arising Out of PS. Case No.-92 Year-2025 Thana- LAUKAHA District- Madhubani
======================================================
Veena Devi W/o Anil Kumar Ram @ Anil Ram R/o Village - Sangi, P.S -
Phulparas, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti
For the Opposite Party/s : Mr. Shyam Bihari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 21-01-2026 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 offence punishable under Sections 274, 275,
3(5) of BNS, 2023 and Section 30(a) of Bihar Prohibition and
Excise (Amendment) Act, 2022.
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 261 litres of liquor from a bush
along with two motorcycles. It is next submitted 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 one of the seized vehicle.
It is next submitted that no prudent person would use her own
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vehicle for committing an occurrence and thus would create
evidence against herself and hence would get implicated. It is
also submitted that it is not the case of the prosecution that they
saw any women fleeing from the place of occurrence.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 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 Laukaha
P.S. Case No.92/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed her antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
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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)
amit/-
U T
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