Patna High Court
Deepa KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Anticipatory bail was granted to the petitioner subject to stipulated conditions.
Summary
Deepa Kumari, the owner of a scooty, was implicated in a case (PS Case No. 580 of 2024) for allegedly transporting 80 litres of country-made liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. She applied for anticipatory bail, asserting that she did not flee the scene, had no direct involvement with the seized liquor, and possessed a clean criminal record. The State opposed the bail. The High Court, after considering the facts, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and specific conditions including presence at trial dates and verification of antecedents. The order also stipulated cancellation of bail upon non‑compliance. The court clarified that its observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- BNSS — s. 482
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor possession
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11131 of 2026
Arising Out of PS. Case No.-580 Year-2024 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Deepa Kumari Son of Dhananjay Kumar Ram (Resident at present - Gali No.
12/2, Janta Vihar Mukhanpur, Extension Part - I, Pansoli, North West Delhi,
Delhi - 11042), at Permanent R/o Village - Mane, P.S. - Ekma, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in anticipation of her
arrest in connection with Chapra Muffasil P.S. Case No. 580 of
2024 instituted for the offences punishable under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case is to the effect that the police
received information that some people were carrying liquor and
the motorcycle was intercepted. However, persons travelling on
it managed to flee and on search total 80 liters of country made
liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner happens to be the owner of the scooty and hence she
Patna High Court CR. MISC. No.11131 of 2026(2) dt.17-02-2026
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has been made accused in this case. It has further been
submitted that admittedly, the petitioner who is a lady is not
stated to have fled from the place of occurrence and she has no
concern with the alleged recovered materials. It is further
submitted that the apprehended accused persons disclosed the
name of the petitioner. Lastly, it has been submitted that the
petitioner has clean antecedent.
5. Learned APP appearing on behalf of the State has
vehemently opposed the prayer for anticipatory bail.
6. Considering the facts aforesaid, the petitioner is
directed to be released on bail, in the event of her arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, on
her furnishing bail bonds in the sum of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Excise-I, Saran at
Chapra in connection with Chapra Muffasil P.S. Case No. 580 of
2024, subject to the conditions as laid down under Section 482
of the BNSS and subject to the following conditions:-
(i) One of the bailors will be a close relative of the
petitioner;
(ii) the petitioner will remain present on each and
Patna High Court CR. MISC. No.11131 of 2026(2) dt.17-02-2026
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every date fixed by the Court below, if so required by the
learned Trial Court;
(iii) in case of absence on two consecutive dates or in
violation of the terms of the bail, the bail bonds of the petitioner
will liable to be cancelled by the Court concerned;
(iv) the Court below shall verify the criminal
antecedent of the petitioner and in case at any stage, it is found
that the petitioner has concealed her criminal antecedent, the
court below shall take step for cancellation of bail bonds of the
petitioner. However, the acceptance of bail bonds in terms of the
above mentioned order shall not be delayed for purpose of the
same on in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
krishna/-
U T
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