Patna High Court

Gayatri DeviversusThe State of Bihar

Decided: 19 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

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

Summary

Petitioner Gayatri Devi was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 100 litres of liquor from two motorcycles, one of which she owned. She argued that she had no conscious possession of the liquor, had a clean antecedent, and was unaware of any misuse of her vehicle by a friend. The State opposed her request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that she furnish a bail bond of Rs. 500 with two sureties and that the trial court verify her criminal antecedent within six weeks. If any antecedent is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed.

Issues considered

Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the applicable procedural law in a case under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s ownership of the vehicle and alleged lack of conscious possession negate the basis for arrest.

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
liquor seizure
vehicle ownership
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84558 of 2025
                      Arising Out of PS. Case No.-125 Year-2025 Thana- DHAMOUL District- Nawada
                 ======================================================
                 Gayatri Devi S/O Sri Makku Yadav @ Makun Yadav Resident of Village -
                 Pachamba, P.S - Madhurapur, District Nawada

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Devendra Prasad Singh, Advocate
                 For the Opposite Party/s :      Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026                  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 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 100 liters of liquor from two

                   different motorcycles.

                                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 one of the

                   seized vehicles. It is next submitted that no prudent person
Patna High Court CR. MISC. No.84558 of 2025(3) dt.19-01-2026
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          would use 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 her friend would misuse the vehicle in the manner

          as alleged

                       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 Dhamoul

          P.S. Case No. 125 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
            Patna High Court CR. MISC. No.84558 of 2025(3) dt.19-01-2026
                                                        3/3




                      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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