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Patna High Court

Veena DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
Patna High Court CR. MISC. No.83551 of 2025(3) dt.21-01-2026
                                            2/3




          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
             Patna High Court CR. MISC. No.83551 of 2025(3) dt.21-01-2026
                                                         3/3




                       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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