Patna High Court
Siya DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedents.
Summary
Siya Devi, the owner of a motorcycle from which 150 litres of liquor was seized, was implicated in offences under Sections 30(a) and 41 of the Bihar Excise Act. She applied for anticipatory bail, arguing that she was not in actual possession of the liquor, had no knowledge of its misuse by a third‑person, and that ownership of the vehicle alone should not make her culpable. The State opposed the bail on the ground of the seriousness of the offence and her prior criminal record. The Court granted a provisional anticipatory bail order, requiring a bail bond of Rs 10,000 with two sureties and conditioning confirmation on verification of her antecedents. It further directed that if she is found to have more than two prior cases, the bail would be withdrawn, otherwise the provisional order would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act.
- Whether mere ownership of the vehicle used for the alleged offence negates liability under Sections 30(a) and 41 of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- liquor seizure
- vehicle ownership
- criminal antecedent
- Section 30(a)
- Section 41
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91576 of 2025
Arising Out of PS. Case No.-120 Year-2025 Thana- THALI District- Nawada
======================================================
Siya Devi Son of Raghuveer Rajbanshi R/o Village - Ektara, P.S. - Govindpur,
Distt. - Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 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) and
41 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases and is a woman and
allegation is of recovery of 150 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.91576 of 2025(2) dt.13-01-2026
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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 also submitted that petitioner was completely unaware that
Shravan 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.
10,000/- (Rupees Ten Thousand) 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 Thali P.S.
Case No. 120 of 2025 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 more
than two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed her
Patna High Court CR. MISC. No.91576 of 2025(2) dt.13-01-2026
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antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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