Allowed¶18

Gyanti Devi v. The State of Bihar

Patna HC29 Apr 2026CR. MISC./28432/2026

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; provisional anticipatory bail; Bihar Excise Act Sections 30(a) and 32(3); Section 482(2) BNSS conditions; woman accused; clean antecedent verification by Trial Court; concealment of antecedent; recovery of 126 litres of liquor from motorcycle; owner of seized vehicle; Excise P.S. Case No. 500 of 2025; District Siwan; Criminal Miscellaneous No.28432 of 2026; Patna High Court; Justice Satyavrat Verma; bail bond Rs. 500 with two sureties.

What did the court decide?

Provisional anticipatory bail: petitioner to be released on arrest or surrender within six weeks, on bail bonds of Rs. 500/- with two sureties of like amount, subject to Section 482(2) BNSS conditions; confirmation subject to Trial Court verification of clean criminal antecedents. ¶18

Gyanti Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Gyanti Devi, who apprehends arrest in Excise P.S. Case No. 500 of 2025 (District Siwan) registered for offences punishable under Sections 30(a) and 32(3) of the Bihar Excise Act, should be granted anticipatory bail.

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Court's answer

In the event of the petitioner's arrest or surrender within six weeks, she is to be released on provisional anticipatory bail on furnishing bail bonds of Rs. 500/- with two sureties of the like amount each, to the satisfaction of the learned trial court where the case is pending, subject to the conditions laid down under Section 482(2) of the BNSS.

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Ratio / Principle

The Trial Court shall thereafter verify the petitioner's criminal antecedent; if antecedent of even one case is found, it would be presumed that the petitioner concealed her antecedent for the purposes of seeking anticipatory bail, and the provisional anticipatory bail order shall not be confirmed.

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Key takeaways

If verification shows the petitioner is a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Satyavrat Verma, J.) granted PROVISIONAL anticipatory bail to Gyanti Devi, a woman petitioner apprehending arrest in Excise (Sadar) P.S. Case No. 500 of 2025, District Siwan, registered for offences punishable under Sections 30(a) and 32(3) of the Bihar Excise Act, the allegation being recovery of 126 litres of liquor from a motorcycle owned by her; counsel contended she was not arrested from the spot and nothing was recovered from her conscious possession. On arrest or surrender within six weeks, the petitioner was to be released on bail bonds of Rs. 500/- (Rupees Five Hundred) with two sureties of the like amount each to the satisfaction of the learned trial court, subject to the conditions under Section 482(2) of the BNSS. The Trial Court was directed to verify her criminal antecedent: if even one prior case were found, the petitioner would be presumed to have concealed her antecedent and the provisional anticipatory bail order shall not be confirmed; if found to be of clean antecedent, the order was to be confirmed forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28432 of 2026

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Arising Out of PS. Case No.-500 Year-2025 Thana- Excise P.S. District- Siwan

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======================================================

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Gyanti Devi W/o Jagdish R/o Village - Satro Satrao, P.S.- Satraon, District - Deoria (U.P)

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Chandra Shekhar Kumar Singh, Adv Mr. Abhhishek Kumar Verma, Adv For the Opposite Party/s : Mr.Renuka Ratnakar(App125) ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 29-04-2026

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1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

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

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3. 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 126 litres of liquor from a motorcycle.

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4. Learned counsel for the petitioner submits that the 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

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Patna High Court CR. MISC. No.28432 of 2026(2) dt.29-04-2026 2/3

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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 friend would misuse the vehicle in the manner as alleged, who fled from the spot. It is also submitted that it is not the case of the prosecution that they saw fleeing a woman from the place of occurrence.

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5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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6. Considering the submissions made by the learned counsel for the petitioner, 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 Excise (Sadar) P.S. Case No. 500 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.

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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

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Patna High Court CR. MISC. No.28432 of 2026(2) dt.29-04-2026 3/3

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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.

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(Satyavrat Verma, J)

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Sumit/-

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U T

Gyanti Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Gyanti Devi v. The State of Bihar

Case brief

What is this about?

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What the court decided

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