Patna High Court
NILAM DEVIversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted where the petitioner has a clean antecedent and the alleged offence is based solely on ownership of the vehicle, subject to verification and conditions under Section 438(2) CrPC.
Summary
Nilam Devi, the wife of Ashok Yadav, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, where 25.98 litres of liquor were recovered from a motorcycle she owned. She argued that she was not in possession of the liquor, had a clean antecedent, and was unaware that the vehicle would be misused. The State opposed the bail. The High Court, after considering the submissions, directed that she be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of her antecedent and compliance with Section 438(2) conditions. The order stipulated that if any criminal antecedent is discovered, the bail would be revoked; otherwise, it would be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted under Section 438 CrPC for an offence under Section 30(a) of the Excise Act.
- Whether ownership of the vehicle, without conscious possession of the contraband, suffices to justify denial of anticipatory bail.
- Whether the petitioner’s clean antecedent and gender are relevant factors in granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438
- Excise Act
- vehicle ownership
- clean antecedent
- gender
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87536 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- FULKAHA District- Araria
======================================================
NILAM DEVI W/o- Ashok Yadav R/v- Nathpur W.No-10, Ps- Narpatganj
Dist- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kundan Kumar Singh
For the Opposite Party/s : Mr.Md. Aslam Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of her
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is a woman
and allegation is of recovery of 25.980 litres of liquor from a
motorcycle.
4. The learned counsel for the petitioner submits 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
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her own vehicle for committing a crime and thus, would create
evidence against herself and hence, would get implicated. It is
further submitted that petitioner was completely unaware that
Nandan would misuse the vehicle in the manner as alleged as he
was also apprehended at the spot.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on her furnishing bail-bonds in the
sum 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
Fulkaha P. S. Case No.95 of 2025, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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
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would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if 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)
vikash/-
U T
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