Patna High Court

Manti DeviversusThe State of Bihar

Decided: 5 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner subject to verification of antecedents and compliance with bail conditions.

Summary

Manti Devi, the owner of a motorcycle from which 150 litres of liquor were allegedly recovered, feared arrest under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. She argued that she had no prior criminal record, was unaware of her friend's alleged misuse of the vehicle, and that mere ownership should not constitute sufficient grounds for arrest. The State opposed her request for anticipatory bail. The High Court, considering these 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 antecedents. If any prior case is found, the bail would be presumed concealed and the order would not be confirmed; otherwise, the bail would be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.

Issues considered

Whether anticipatory bail can be granted to a vehicle owner accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Whether ownership of the vehicle used in the alleged offence is sufficient ground for arrest.
Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
vehicle ownership
clean antecedent
Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88875 of 2025
                         Arising Out of PS. Case No.-101 Year-2025 Thana- Gurupa District- Gaya
                 ======================================================
                 Manti Devi wife of Rameshwar Chaudhary Resident of village- Dumari, Ps-
                 Chakand, Dist- Gayaji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Sinha
                 For the Opposite Party/s :       Mr. Harendra Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   05-01-2026                  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, 2016.

                                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 150 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
Patna High Court CR. MISC. No.88875 of 2025(2) dt.05-01-2026
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          hence would 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 Gurpa

          P.S. Case No.101/2025, 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.88875 of 2025(2) dt.05-01-2026
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                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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