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Patna High Court

Gudiya DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional bail subject to conditions.

Summary

Gudiya Devi applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 8.25 litres of liquor from a motorcycle she owned. She argued that she had no prior criminal record, was a woman, and had no conscious possession of the liquor, asserting that she was unaware of her friend's alleged misuse of the vehicle. The State opposed the bail, but the High Court, considering the submissions, directed that she be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to Section 482(2) of the Criminal Procedure Code. The court also ordered that the trial court verify her antecedent; if any prior case is found, the bail would not be confirmed, otherwise it would be confirmed immediately. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail can be granted in a case of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether ownership of the vehicle used in the alleged offence is sufficient to deny anticipatory bail.
  • Whether the petitioner’s clean antecedent and gender are relevant factors for granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • possession of liquor
  • Bihar Prohibition and Excise Act
  • vehicle ownership
  • clean antecedent
  • gender considerations
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91104 of 2025
                         Arising Out of PS. Case No.-771 Year-2025 Thana- MANER District- Patna
                 ======================================================
                 Gudiya Devi W/o Surendra Chaudhari R/o Village- Saray Mohalla, PS-
                 Maner, District- Patna, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Apurv Harsh, Advocate
                                                   Mr. Manu Tripurari, Advocate
                                                   Mr. Raghu Raj Pratap, Advocate
                                                   Ms. Jaya Singh, Advocate
                 For the Opposite Party/s :        Ms. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                  2. Petitioner apprehends her arrest in a case

                   registered for the offence punishable under 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 8.25 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
Patna High Court CR. MISC. No.91104 of 2025(2) dt.12-01-2026
                                            2/3




          submitted that no prudent person would use her own vehicle for

          committing an occurrence and thus, would create evidence

          against herself and hence, would get implicated. It is also

          submitted that it is not the case of the prosecution that they saw

          a woman fleeing from the place of occurrence. It is further

          submitted that petitioner was completely unaware that her friend

          would misuse the vehicle in the manner as alleged.

                        4. Learned A.P.P. opposes the anticipatory bail

          application.

                        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, is directed to be released on

          provisional anticipatory bail on her furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of the learned Special

          Excise Judge, Danapur in connection with Maner P.S. Case

          No.771 of 2025, subject to the conditions laid down under

          Section 482(2) of the B.N.S.S.

                        6. The application stands allowed.

                        7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify
               Patna High Court CR. MISC. No.91104 of 2025(2) dt.12-01-2026
                                                           3/3




                         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 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)

Sanjay/-

U          T


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