Tara Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1359 of 2026 Arising Out of PS. Case No.-271 Year-2025 Thana- Excise P.S. District- Siwan ====================================================== Tara Devi W/o Suraj Yadav Resident of Village - Bhaluee Bhagwanpur, P.S - Guthani, District - Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner apprehends her arrest in a case registered for the offences punishable under Sections 30(a) and 32(3) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioner submits that petitioner has antecedent of one case under the Excise Act and is a woman and allegation is of recovery of 17.2 litres of liquor from a Scooty. It is next submitted that 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 she is owner of the seized Scooty. It is next submitted that no prudent person would use her own vehicle for committing an occurrence and thus, would create evidence

Patna High Court CR. MISC. No.1359 of 2026(2) dt.21-01-2026 2/3 against herself and hence, would get implicated. It is also submitted that petitioner was completely unaware that Bikey Kumar Yadav would misuse the vehicle in the manner as alleged, who was also apprehended from the spot.

4. Learned A.P.P. opposes the anticipatory bail application.

5. 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-bond in the sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.-II, Siwan in connection with Siwan Sadar Excise P.S. Case No.271 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

6. The application stands allowed.

7. It is made clear that the learned trial Court after accepting the provisional bail bond of the petitioner shall verify the criminal antecedent of the petitioner and in the event, if it is found that petitioner has antecedent of more than one case, then it would be presumed that petitioner for the purposes of

Patna High Court CR. MISC. No.1359 of 2026(2) dt.21-01-2026 3/3 obtaining anticipatory bail had concealed her 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 has antecedent of only one case, in that event, the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Sanjay/- U T