Pushpa Devi @ Puspa Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18898 of 2026 Arising Out of PS. Case No.-811 Year-2025 Thana- MANER District- Patna ====================================================== Pushpa Devi @ Puspa Devi Wife of Ronu Paswan Resident of VillageBhawani Tola, P.O- Rampur, P.S- Maner, District- Patna. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Jitendra Prasad currently posted as Sub Inspector at Maner Police Station, Maner, Patna.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Helal Ahmad, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-03-2026
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 offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
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 40 litres of liquor from a motorcycle and a house in Harijan Tola.
4. Learned counsel for the petitioner submits that petitioner was not arrested from the spot, as such, nothing was recovered from her conscious possession. It is further submitted that petitioner came to be implicated based on the fact that she is
Patna High Court CR. MISC. No.18898 of 2026(2) dt.26-03-2026 2/3 owner of the seized 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 also submitted that petitioner was completely unaware that Chandan Kumar 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, let the petitioner, above-named, in the event of her arrest or surrender 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 Maner P.S. Case No. 811 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioner and if it is found that petitioner has antecedent of even one case,
Patna High Court CR. MISC. No.18898 of 2026(2) dt.26-03-2026 3/3 it would be presumed that petitioner had concealed her antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioner is a person with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T