Patna High Court

Renu DeviversusThe State of Bihar

Decided: 8 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail to the petitioner subject to conditions under Section 482(2) of the BNSS.

Summary

The petitioner, Renu Devi, sought anticipatory bail after learning that she might be arrested in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 78 litres of liquor from her motorcycle. She argued that she has a clean antecedent, was not in possession of the liquor, and was unaware that a person named Rahul would misuse her vehicle, which led to her implication. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, ordered provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties and conditions under Section 482(2) of the BNSS, directing the trial court to verify her antecedent. The order stipulated that if any prior case is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed upon verification.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
Whether the petitioner’s lack of possession and clean antecedent justify granting anticipatory bail.

Legislation cited

Bihar Negotiable Securities Act (BNSS) — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
vehicle ownership
clean antecedent
provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90230 of 2025
                   Arising Out of PS. Case No.-192 Year-2017 Thana- GOVERNMENT OFFICIAL COMP.
                                                    District- Sitamarhi
                 ======================================================
                 Renu Devi Wife of Naval Kishor Chaudhary @ Naval Chaudhary Resident of
                 Village- Dumharpatti, Dumra, Ward no. 4, Ps- Pupri,Dist- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr. Anjani Kumar, Advocate
                 For the Opposite Party/s :    Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and allegation is of

                   recovery of 78 liters of liquor from a motorcycle.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.90230 of 2025(2) dt.08-01-2026
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          her own vehicle for committing an occurrence and thus would

          create evidence against herself and hence would get implicated,

          it is further submitted that petitioner was completely unaware

          that Rahul would misuse the vehicle in the manner as alleged

          who was also apprehended from the spot.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 Trial Court

          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 G.O.

          Case No. 192 of 2017 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          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 would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed her antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be
            Patna High Court CR. MISC. No.90230 of 2025(2) dt.08-01-2026
                                                        3/3




                      confirmed, but after verification if 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)
Rishabh/-

U      T

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