Allowed¶19

Daulti Devi v. The State of Bihar

Patna HC22 Jul 2026CR. MISC./49617/2026

Case brief

AI extract

What is this about?

Keywords: anticipatory bail; provisional anticipatory bail; Bihar Prohibition and Excise (Amendment) Act; Section 30(a); Section 32(3); Section 482(2) B.N.S.S.; Excise P.S. Case No.668/2026; District Gaya; Sherghati; recovery of 3.750 litres of liquor; motorcycle owner implicated; woman petitioner; clean antecedents verification; bail bond Rs.500/-; two sureties; Daulti Devi v. State of Bihar; CR. MISC. No.49617 of 2026; Patna High Court; Satyavrat Verma, J; oral order dated 22-07-2026.

What did the court decide?

Provisional anticipatory bail granted: release upon arrest or surrender within six weeks on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, subject to conditions under Section 482(2) of the B.N.S.S.; confirmation contingent on trial court verification of clean criminal antecedents. ¶19

Daulti 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 the petitioner, apprehending arrest in connection with Excise P.S. Case No.668/2026 for an offence punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, should be released on 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 trial court, subject to the conditions under Section 482(2) of the B.N.S.S.

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Ratio / Principle

The trial court is thereafter to verify the petitioner's criminal antecedents; if it is found that she has an antecedent of even one case, it would be presumed that she concealed her antecedents before this Court and the provisional anticipatory bail order shall not be confirmed.

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Key takeaways

If verification finds the petitioner to be a person with clean antecedents, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail — Patna High Court (Satyavrat Verma, J) grants provisional anticipatory bail to a woman petitioner apprehending arrest under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act in connection with Excise P.S. Case No.668/2026, District Gaya, wherein 3.750 litres of liquor was allegedly recovered from a motorcycle owned by her and she was allegedly implicated solely as vehicle owner, not being arrested from the spot. Release ordered upon 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) of the B.N.S.S. Trial court to verify criminal antecedents: if even one antecedent case is found, the provisional order shall not be confirmed (antecedent deemed concealed); if antecedents are clean, the provisional order shall be confirmed forthwith.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49617 of 2026

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Arising Out of PS. Case No.-668 Year-2026 Thana- Excise P.S. District- Gaya

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

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Daulti Devi Wife of Ajay Yadav Resident of Village- Fajlaha, P.S.- Sherghati, District- Gaya

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Md. Javed Jafar Khan For the Opposite Party/s : Mr.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 22-07-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 3.750 litres of liquor from a motorcycle.

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Learned counsel for the petitioner submits 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 vehicle. It is next submitted that no prudent person would use

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Patna High Court CR. MISC. No.49617 of 2026(2) dt.22-07-2026 2/3

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his own vehicle for committing an occurrence and thus would create evidence against himself and hence would get implicated. It is also submitted that the petitioner was completely unaware that Pintu would misuse his vehicle in the manner as alleged, who was also apprehended from the spot along with Ajay. 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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Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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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 P.S. Case No.668/2026, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

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It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that event, it would be presumed that petitioner had

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Patna High Court CR. MISC. No.49617 of 2026(2) dt.22-07-2026 3/3

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concealed her antecedent before this court, as such, the provisional anticipatory bail order shall not be confirmed but if on verification 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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amit/-

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U T

Daulti Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Daulti Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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