Patna High Court
Rita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
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
- Bihar Negotiable Securities Act — s. 482(2)
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
Checking your session…