Patna High Court
Sita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of antecedent.
Summary
The petitioner, Sita Devi, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case alleging offences under Sections 30(a), 41(1) and 41(2) of the Excise Act involving the recovery of liquor from a field adjacent to her house and from a truck linked to her motorcycle. The petitioner argued that she has a clean antecedent, is a woman, and that the seized liquor was not in her conscious possession nor on her property, and that she was unaware of any misuse of her vehicle. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to the conditions of Section 438(2) CrPC and verification of her antecedent. The order stipulated that if any criminal antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC.
- Whether the petitioner’s alleged involvement in the alleged liquor seizure warrants denial of bail.
- Whether the petitioner’s clean antecedent and lack of conscious possession affect the bail decision.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 41(1), 41(2)
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- clean antecedent
- women
- liquor seizure
- motor vehicle
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.92042 of 2025
Arising Out of PS. Case No.-278 Year-2025 Thana- UJIYARPUR District- Samastipur
======================================================
Sita Devi W/o- Late Lalit Sada R/O- Betwara Ward No. 3, P.S.- Kalyanpur,
Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of her
arrest in a case registered for the offences punishable under
Sections 30(a), 41(1) and 41(2) of the Excise Act.
3. The 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 24.750 litres of liquor from a
field behind the house of the petitioner and 26.25 litres of liquor
from a truck along with a motorcycle.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from her conscious possession and even alleged
recovery is from a place which does not belong to the petitioner,
Patna High Court CR. MISC. No.92042 of 2025(2) dt.13-01-2026
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but then, is adjacent to her house and she is not the owner of the
truck, but then, she came to be implicated based on the fact that
she is owner of the seized motorcycle. It is next submitted that
no prudent person would use her own vehicle for committing a
crime and thus, would create evidence against himself and
hence, would get implicated. It is further submitted that
petitioner was completely unaware that her friend would misuse
the vehicle in the manner as alleged.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on her furnishing bail-bonds in the
sum 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
Ujiyarpur P. S. Case No.278 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.92042 of 2025(2) dt.13-01-2026
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accepting the provisional bail bonds of the petitioner 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 obtaining
anticipatory bail had concealed his 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)
vikash/-
U T
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