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Rajo Devi v. The State of Bihar

Anticipatory bail – offence under Section 30(a) of the Bihar Excise Act

Patna HC9 Jul 2026CR. MISC./45884/2026

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What is this about?

Anticipatory bail; provisional anticipatory bail; Section 30(a) Bihar Excise Act; Section 482(2) BNSS; recovery of 62.7 litres liquor from two motorcycles; petitioner owner of seized motorcycle; woman accused; clean antecedent verification; concealment presumption; Birpur P.S. Case No. 212 of 2025; Supaul; Patna High Court; Cr. Misc. No. 45884 of 2026; Satyavrat Verma, J.; bail bond Rs. 500 with two sureties.

What did the court decide?

Provisional anticipatory bail on arrest or surrender within six weeks, on bail bonds of Rs. 500/- with two sureties of the like amount each, subject to conditions under Section 482(2) BNSS, with confirmation dependent on Trial Court verification of clean antecedents. ¶19

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

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45884 of 2026

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Arising Out of PS. Case No.-212 Year-2025 Thana- BIRPUR District- Supaul

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Rajo Devi W/O Suresh Paswan R/O Vill.- Jogbani Tola Manpur, P.S.Gamhariya, Dist.- Madhepura.

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... ... Petitioner/s

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Versus

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The State of Bihar Patna

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Naresh Kumar Mehta For the Opposite Party/s : Mr.Suresh Prasad Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 09-07-2026

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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 Section 30(a) 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 allegation is of recovery of 62.7 litres of liquor from two motorcycles.

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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 one of the seized motorcycles. It is next submitted that no prudent person

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Patna High Court CR. MISC. No.45884 of 2026(2) dt.09-07-2026 2/3

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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 Suman would misuse the vehicle in the manner as alleged, who was also apprehended from the spot along with Mithilesh and Suman. It is also submitted that it is not the case of the prosecution that they saw a woman fleeing 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 Birpur P.S. Case No. 212 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 then it would be presumed that petitioner, for the purposes of

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Patna High Court CR. MISC. No.45884 of 2026(2) dt.09-07-2026 3/3

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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

Rajo Devi v. The State of Bihar

Case brief

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Rajo Devi v. The State of Bihar

Case brief

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