Patna High Court
Nita Devi @ Neeta 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 antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Nita Devi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 390 litres of liquor and 1,000 litres of Jawa solution from a hut adjacent to her residence. She asserted that she had no conscious possession of the contraband, possessed a clean antecedent, and was implicated by a watchman due to a dispute with her husband. The State opposed the bail application. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioner furnishing bail bonds and sureties, and directed verification of her criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the provisions applicable to offences under Section 30(a) of the Bihar Excise Act
- Whether the circumstances, including lack of possession and clean antecedent, justify the grant of provisional anticipatory bail
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- clean antecedent
- provisional bail
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11780 of 2026
Arising Out of PS. Case No.-562 Year-2025 Thana- KANTI District- Muzaffarpur
======================================================
Nita Devi @ Neeta Devi Wife of Akhilesh Giri Resident of Village/ Mohalla-
Demha @ Dhewaha @ Dhewahan @ Dhemha, P.S.- Kanti, District-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, APP
======================================================
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 offences punishable under Section 30(a) of the
Bihar Excise Act.
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 390 liters of liquor from a hut
situated behind the house of the petitioner along with 1000 liters
of Jawa solution which was destroyed.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from her conscious possession and even alleged
Patna High Court CR. MISC. No.11780 of 2026(2) dt.24-02-2026
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recovery is from a place which does not belong to the petitioner,
but then is adjacent to her house 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 implicated the
petitioner only to coerce her husband into submission.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 Trial Court
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 Kanti
P.S. Case No. 562 of 2025 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of even
one case then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed her
Patna High Court CR. MISC. No.11780 of 2026(2) dt.24-02-2026
3/3
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if 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)
Rishabh/-
U T
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