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Patna High Court

Rita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is warranted where no incriminating article is found in the accused’s possession and the accused has a clean antecedent, especially when the accusation is based merely on suspicion.

Summary

Rita Devi, a 56‑year‑old woman, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 30 litres of illicit Mahua liquor recovered from a pit behind a house she does not own. She contended that no contraband was found in her conscious possession, she has no criminal antecedent, and the allegation is based solely on suspicion. The State opposed her anticipatory bail application. The Court noted the absence of any incriminating article in her possession, her clean record, and her status as a woman, and therefore ordered that she be released on anticipatory bail if arrested, subject to a bail bond and sureties. The order was made under Section 482(2) of the BNSS, with conditions for surrender within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in the absence of incriminating material in her possession.
  • Whether the petitioner’s clean antecedent and gender warrant the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illegal liquor
  • clean antecedent
  • gender considerations
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10293 of 2026
                   Arising Out of PS. Case No.-937 Year-2023 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
                 Rita Devi, female, aged about-56 years, W/o Devanand Bin Resident of Village- Karinga,
                 P.S.- Muffasil, District- Saran
                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar
                                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s        :      Mr. Ashad, Advocate
                 For the Opposite Party/s :         Mr. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
                 MALVIYA
                                       ORAL ORDER
2   17-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                            2. The petitioner apprehends her arrest in connection with

                   Chapra Muffasil P.S. Case No. 937 of 2023 registered for the

                   offences punishable under Sections 30(a) of the Bihar Prohibition

                   and Excise Act.

                            3. As per the allegation in the FIR, total 30 litres of locally

                   brewed Mahua liquor has been recovered from a ditch/pit behind

                   the petitioner’s house.

                            4. Learned counsel for the petitioner submits that petitioner

                   is innocent and has falsely been implicated in this case. He next

                   submits that no incriminating article has been recovered from the

                   conscious possession of the petitioner and the petitioner has no

                   concern with the alleged recovered illicit liquor.                      He further

                   submits that alleged 30 litres of illicit liquor has been recovered

                   from the pit behind the house and the petitioner is not owner of the

                   house. He next submits that petitioner was not arrested from the

                   spot and name of the petitioner has been transpired in this case
             Patna High Court CR. MISC. No.10293 of 2026(2) dt.17-02-2026
                                                         2/2




                       only on the basis of suspicion. He further submits that petitioner is

                       a lady and she has got clean antecedent as stated in para-3 of the

                       bail petition.

                               5. Learned APP for the State opposes the prayer for

                       anticipatory bail of the petitioner.

                               6. Considering all facts and circumstances of the case and

                       submissions made by learned counsel for the petitioner and also

                       the fact that petitioner is a lady and she has got no criminal

                       antecedent as stated in para-3 of the bail petition and also the fact

                       that no incriminating article has been recovered from conscious

                       possession of the petitioner, let the above named petitioner be

                       released on anticipatory bail in the event of her arrest or surrender

                       before the Trial Court within a period of six weeks from today on

                       furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

                       sureties of the like amount each to the satisfaction learned

                       Additional Sessions Judge-cum-Exclusive Special Court Excise

                       Act-1, Saran at Chapra in connection with Chapra Mufassil P.S.

                       Case No.937 of 2023 subject to the conditions as laid down under

                       Section 482(2) of the BNSS.



                                            (Ramesh Chand Malviya, J)

Harshita/-
U       T


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