Patna High Court
Mina DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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
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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
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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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