Patna High Court
Ful Kumari DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to verification of the petitioner’s antecedents and compliance with the stipulated conditions.
Summary
The petitioner, Ful Kumari Devi, owner of a motorcycle from which 102.375 litres of liquor was seized, sought anticipatory bail under Sections 274, 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. She argued that she had a clean antecedent, was a woman, and was not in actual possession of the liquor, the vehicle being misused by her husband who was apprehended at the spot. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to 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 not be confirmed; if she is found clean, the bail would be confirmed forthwith. The order was made under the inherent powers of the High Court under Section 482(2).
Issues considered
- Whether anticipatory bail should be granted to the vehicle owner not in actual possession of the seized liquor
- Whether the petitioner’s clean antecedent and gender merit the grant of anticipatory bail
- Whether the High Court can condition anticipatory bail on verification of criminal antecedents under Section 482(2)
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- liquor seizure
- vehicle ownership
- clean antecedent
- gender considerations
- Section 274
- Section 275
- Section 30(a)
- Section 482(2)
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88907 of 2025
Arising Out of PS. Case No.-154 Year-2025 Thana- MADHWAPUR District- Madhubani
======================================================
Ful Kumari Devi Wife of Fhekan Mandal Resident of village - Balwa, P.S.-
Madhwapur, District - Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
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 Sections 274, 275 of
the BNS and 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 102.375 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.88907 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 Phekan would misuse
the vehicle in the manner as alleged who was also apprehended
from the spot.
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
Madhwapur P.S. Case No.154/2025, 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.88907 of 2025(2) dt.05-01-2026
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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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