Patna High Court
Sangeeta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Sangeeta Devi, sought anticipatory bail fearing arrest in a 2018 case involving alleged offences under multiple IPC sections and the Bihar Prohibition and Excise Act, where police had seized 670 litres of illicit foreign liquor from another individual's house. She argued that the allegations were vague, based solely on statements of co‑accused and a local watchman, that she had no possession of the liquor, and that she resided in Delhi with a clean record. The State opposed the bail, contending the seriousness of the offences. The court noted that similar co‑accused had already been granted anticipatory bail, considered the petitioner’s lack of criminal antecedent and gender, and therefore granted her anticipatory bail subject to a bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the B.N.S.S. The order directs that bail be effected if she is arrested or surrenders within four weeks.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the serious nature of the offences alleged.
- Whether the allegations based on co‑accused statements constitute sufficient ground for denial of bail.
- Whether the grant of anticipatory bail to co‑accused influences the petitioner's bail application.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 38, 41
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 147, 148, 149, 307, 323, 332, 341, 353, 427, 504, 506
Subjects
- anticipatory bail
- Indian Penal Code
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal procedure
- bail conditions
- gender considerations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11455 of 2026
Arising Out of PS. Case No.-246 Year-2018 Thana- MANIYARI District- Muzaffarpur
======================================================
Sangeeta Devi Wife of Ravindra Singh @ Ravindra Kumar Resident of
Village- Maxksudpur, P.S.- Maniyari, District- Muzaffarpur. At present
Sadarpur Section 45, GAutam Budha Nagar, P.S.- Gautam Budha Nagar,
District- Noida (U.P.)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Adv.
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection
with Maniyari P.S. Case No. 246 of 2018 dated 12.08.2018
registered for the offence punishable under Section/s 147, 148,
149, 341, 323, 307, 353, 332, 427, 504, 506 of the I.P.C. and
Section 30(a), 38 & 41 of the Bihar Prohibition and Excise Act,
2016.
3. As per the prosecution case, the police has recovered
total 670 liters illicit foreign liquor from the house of Baliram
Singh.
4. Learned counsel for the petitioner submits that the
allegations are general and omnibus. The name of the petitioner
Patna High Court CR. MISC. No.11455 of 2026(2) dt.17-02-2026
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has transpired in this case on the basis of the statement of the
apprehended co-accused and the local Chowkidar. The
petitioner has no concern with the alleged recovery of the seized
article or the alleged occurrence. It is next submitted that the
petitioner is presently residing at Delhi and noting incriminating
has been recovered from the conscious possession of the
petitioner and, as such, no case is made out against the
petitioner. It is next submitted that the co-accused persons
whose names have also transpired on the basis of confession
made by the apprehended co-accused, they have already been
extended privilege of anticipatory bail vide orders dated
23.01.2024 and 10.02.2023 passed in Cr. Misc. No. 84755 of
2023 and Cr. Misc. No. 1974 of 2023 respectively. It is lastly
submitted that the petitioner is a person of clean antecedent.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Regard being had to the submission made by the
parties and taking into consideration the fact that similarly
situated persons have already been granted privilege of
anticipatory bail by a Co-ordinate Bench of this Court, the
petitioner bears no criminal antecedent as also the petitioner
being lady, this Court is inclined to grant anticipatory bail to the
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petitioner.
7. Accordingly, let the petitioner, above named, be
released on anticipatory bail in the event of her arrest or
surrender before the court below within a period of four weeks
from today on furnishing bail bond of Rs. 10,000/- (rupees ten
thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge Excise, Court
No. II, Muzaffarpur in connection with Maniyari P.S. Case No.
246 of 2018, subject to the condition as laid down under Section
482(2) of the B.N.S.S.
(Ajit Kumar, J)
rishi/-
U T
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