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Patna High Court

Mina DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to bond, sureties and verification of the petitioner’s antecedent.

Summary

Mina Devi, the petitioner, applied for anticipatory bail in a case under Section 30(a) of the Excise Act concerning the alleged recovery of 252 litres of liquor from her motorcycle and an auto. She argued that she has a clean antecedent, is a woman, and was not in conscious possession of the liquor; the vehicle was misused by another person, Chandan, who was apprehended at the spot. The State opposed the bail. The Court, after considering the submissions, noted that ownership of the vehicle alone does not constitute participation in the offence and that there was no evidence of her personal involvement. Accordingly, the Court granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and a six‑week surrender, pending verification of her antecedent. The order also stipulated that if any criminal antecedent is discovered, the bail would be revoked; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted when the accused is not in conscious possession of the contraband.
  • Whether mere ownership of a vehicle used in the alleged offence suffices to justify arrest and denial of bail.
  • What conditions must be imposed under Section 438 of the Cr.P.C. for granting anticipatory bail in an Excise Act case.

Legislation cited

Subjects

  • anticipatory bail
  • Excise Act
  • Section 30(a)
  • Section 438 Cr.P.C.
  • vehicle ownership
  • clean antecedent
  • gender considerations
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89543 of 2025
                   Arising Out of PS. Case No.-176 Year-2024 Thana- UDWANTNAGAR District- Bhojpur
                 ======================================================
                 Mina Devi W/o- Baleshwar Prasad Resident of Village- Nawada P.S- Ara
                 Nawada District- Bhojpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Akash Kumar Mishra
                 For the Opposite Party/s :      Mr.Suresh Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  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 252 litres of liquor from a

                   motorcycle and an auto.

                                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 he came to be

                   implicated based on the fact that she is owner of the seized

                   motorcycle. It is next submitted that no prudent person would
Patna High Court CR. MISC. No.89543 of 2025(2) dt.13-01-2026
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          use 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 Chandan 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

          Udwantnagar P. S. Case No.176 of 2024, 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
               Patna High Court CR. MISC. No.89543 of 2025(2) dt.13-01-2026
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                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed her 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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