Patna High Court
Jyoti DeviversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of her antecedents and compliance with bail conditions.
Summary
The petitioner, Jyoti Devi, sought anticipatory bail after learning that she might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, for allegedly possessing 5 litres of liquor recovered from a plastic bag. She argued that she had no prior criminal record, was a woman, and that the liquor was not in her conscious possession; the allegation stemmed from a false complaint by a chowkidar due to a dispute with her husband. The State opposed the bail. The Court, considering her clean antecedent, lack of possession, and the possibility of false implication, granted provisional anticipatory bail on the condition of a modest bail bond and two sureties, subject to verification of her antecedents under Section 482(2) of the B.N.S.S. The order stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the alleged recovery of liquor constitutes sufficient ground for arrest in the absence of conscious possession.
- Whether the petitioner’s clean antecedent and alleged false implication justify granting bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- false implication
- clean antecedent
- Section 482(2)
- gender considerations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10799 of 2026
Arising Out of PS. Case No.-828 Year-2025 Thana- MADHAURAH District- Saran
======================================================
Jyoti Devi W/O Lalan Mahto R/O Village- Tehati, Bintoli, P.s.-Madhowrah,
Dist.- Saran
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kumar
For the Opposite Party/s : Mr. Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 5 litres of liquor from a plastic bag.
It is next submitted that petitioner was not arrested from the spot
as such nothing was recovered from her conscious possession
and even alleged recovery is from a place which does not
belong to the petitioner and she came to be implicated at the
instance of chowkidar with whom her husband is on an inimical
term. It is also submitted that chowkidar in order to coerce her
husband into submission falsely implicated the petitioner.
4. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.10799 of 2026(2) dt.24-02-2026
2/2
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of her arrest or surrender before the learned Court below
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
Mahowrah P.S. Case No.828/2025, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
6. 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
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.
(Satyavrat Verma, J)
amit/-
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