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Patna High Court

Sarita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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 The order stipulated that if any antecedent is discovered, the bail would be withdrawn, otherwise it would be confirmed.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
                                                        3/3




                      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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