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Patna High Court

Veena Devi @ Bina KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted to the petitioner, subject to verification of her antecedents and compliance with bail conditions.

Summary

The petitioner, Veena Devi, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly recovering five litres of liquor from a motorcycle she owned. She argued that she had no prior criminal record, was a woman, and was unaware that her friend misused her vehicle; the liquor was not found in her immediate possession. The State opposed the bail, contending the seriousness of the offence. Justice Satyavrat Verma granted provisional anticipatory bail, requiring a bail bond of Rs.500 with two sureties, and directed the trial court to verify her antecedents. If any prior case is found, the bail would be presumed concealed and not confirmed; otherwise, it would be confirmed. The order is subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether ownership of the vehicle used in the alleged offence suffices to implicate the petitioner.
  • Whether the petitioner’s clean antecedent and gender warrant bail.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition law
  • vehicle ownership
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85637 of 2025
                       Arising Out of PS. Case No.-357 Year-2025 Thana- BANIAPUR District- Saran
                 ======================================================
                 Veena Devi @ Bina Kumari Son of Manoj Ram R/o Village - Bhusaw , P.S -
                 Baniyapur, District - Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Hemant Kumar
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-01-2026                  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 Section 30(a) of

                   Bihar Prohibition and 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 5 litres of liquor from a motorcycle.

                   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 the seized vehicle. It is next submitted that no prudent

                   person would use her own vehicle for committing an occurrence

                   and thus would create evidence against herself and hence would
Patna High Court CR. MISC. No.85637 of 2025(2) dt.09-01-2026
                                            2/3




          get implicated. It is also submitted that the petitioner was

          completely unaware that her friend would misuse the vehicle in

          the manner as alleged.

                       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

          Baniyapur P.S. Case No.357/2025, 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

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.85637 of 2025(2) dt.09-01-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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