Patna High Court
Sarita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to verification of her antecedent and compliance with the stipulated conditions.
Summary
Sarita Devi, the owner of a Bolero pickup, was implicated in the seizure of 1,710 litres of liquor from her vehicle and feared arrest under Section 30(a) of the Bihar Excise Act. She argued that she had no knowledge of the driver’s alleged misuse of the vehicle and that no liquor was found in her personal possession. The State opposed her request for anticipatory bail. The High Court, considering her clean antecedent and the circumstances, granted provisional anticipatory bail on the condition that she surrender within six weeks, furnish bail bonds and sureties, and that the trial court verify her criminal record. The order stipulated that if any antecedent is discovered, the bail would be withdrawn, otherwise it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s lack of personal possession and clean antecedent justify provisional anticipatory bail.
- Whether the High Court may impose conditions under Section 482(2) of the BNSS while granting anticipatory bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- seizure of liquor
- vehicle owner liability
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9384 of 2026
Arising Out of PS. Case No.-267 Year-2025 Thana- Excise P.S. District- Darbhanga
======================================================
Sarita Devi W/o- Surendra Ray Village- Suriyahi Baira PS- Jaynagar District-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Advocate
Mr. Ravi Prakash, Advocate
For the Opposite Party/s : Mr. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 30-03-2026 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
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 1710 liters of liquor from a Bolero
pick up vehicle.
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
Patna High Court CR. MISC. No.9384 of 2026(3) dt.30-03-2026
2/3
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 hence would get implicated,
it is further submitted that petitioner was completely unaware
that her driver would misuse the vehicle in the manner as
alleged who also fled from the spot. It is next submitted that it is
not the case of the prosecution that they saw a woman fleeing
from the place of occurrence.
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 Excise
Sadar P.S. Case No. 267 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
Patna High Court CR. MISC. No.9384 of 2026(3) dt.30-03-2026
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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
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)
Rishabh/-
U T
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