Patna High Court

Kanchan DeviversusThe State of Bihar

Decided: 13 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to verification of her antecedents.

Summary

Kanchan Devi applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 275 litres of liquor from a totorickshaw. She argued that she had no conscious possession of the liquor, was not arrested at the spot, and was merely the owner of the vehicle used by another person, Laxman, who was apprehended. The State opposed the bail. The Court, considering her clean antecedent and the circumstances, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and directed verification of her criminal record. If any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Excise Act
Whether ownership of the vehicle used in the alleged offence suffices to implicate the owner
Whether the petitioner’s clean antecedent warrants grant of anticipatory bail

Subjects

anticipatory bail
excise law
vehicle ownership
clean antecedent
Section 30
Section 482
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91738 of 2025
                          Arising Out of PS. Case No.-91 Year-2025 Thana- PIPRA District- Patna
                 ======================================================
                 Kanchan Devi W/O Ram Babu Saw Resident Of Village - Diripar, P.S- Karai
                 Parsurai, District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Tirpit Kumar
                 For the Opposite Party/s :        Mr.Khurshid Anwar
                 ======================================================
                 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) of the

                   Bihar Excise Act.

                             3.    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 275 litres of liquor from a toto

                   rickshaw.

                             4.    Learned counsel for the petitioner submits that the

                   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 he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use
Patna High Court CR. MISC. No.91738 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 further submitted that petitioner was completely unaware

          that Laxman 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 Pipra P.S.

          Case No. 91 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 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.91738 of 2025(2) dt.13-01-2026
                                                          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)
Sumit/-

U         T

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