Patna High Court
Kanchan DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The petitioner is entitled to provisional anticipatory bail subject to conditions and verification of antecedents.
Summary
The petitioner, Kanchan Devi, sought anticipatory bail after a motorcycle she owned was seized with 2.16 litres of liquor, implicating her under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. She argued she had a clean antecedent, was a woman, and had no knowledge of her husband’s alleged misuse of the vehicle, and that no liquor was found in her possession. The State opposed the bail. The Court, considering her clean record and lack of direct possession, granted provisional anticipatory bail subject to a Rs.500 bond and two sureties, and directed the trial court to verify her antecedents. If any prior case is found, the bail will not be confirmed; if she remains clean, the bail will be confirmed. The order is made under Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the excise case involving seizure of liquor from her vehicle.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- vehicle ownership
- clean antecedent
- gender considerations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90308 of 2025
Arising Out of PS. Case No.-116 Year-2022 Thana- Excise P.S. District- Kishanganj
======================================================
Kanchan Devi W/o Rajesh Kumar Mandal R/o vill- Chopra Bakhari, P.S.-
Kochadhaman, Distt.- Kishanganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar
For the Opposite Party/s : Mr. Nand Kumar
======================================================
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 offence punishable under Sections 30(a) and
32(3) 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 2.16 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.90308 of 2025(2) dt.08-01-2026
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hence would get implicated. It is also submitted that the
petitioner was completely unaware that her husband Rajesh
would misuse his 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 Excise
P.S. Case No.116/2022, 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
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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/-
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