Patna High Court
Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted in the absence of concrete possession and pending verification of antecedents, subject to conditions under Section 482(2) of the B.N.S.S.
Summary
Shanti Devi was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 18.9 litres of liquor from a bush, although no liquor was found in her possession and the alleged recovery site did not belong to her. She feared arrest and filed an anticipatory bail application, arguing that the police had mechanically implicated her without proper investigation and that she is a woman with a prior single case under the Excise Act. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, directed that she be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to the conditions of Section 482(2) of the B.N.S.S. and verification of her criminal antecedents. The court further clarified that if verification reveals more than one prior case, the provisional bail would not be confirmed, but if only one antecedent is found, the bail would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 where the accused was not found in possession of the alleged contraband
- Whether the lack of a proper investigation and the presence of a prior single case justify the grant of anticipatory bail
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- bail conditions
- Section 30
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12075 of 2026
Arising Out of PS. Case No.-344 Year-2025 Thana- SUPPI District- Sitamarhi
======================================================
Shanti Devi W/O Satyanarayan Sahani R/O Village - Maniyari, Ward no.- 10,
P.S. - Suppi , District -Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devendra Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends her arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and is
a woman and allegation is of recovery of 18.9 litres of liquor
from a bush. 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 local person but then name of the
person who disclosed the name of the petitioner is not disclosed
Patna High Court CR. MISC. No.12075 of 2026(2) dt.26-02-2026
2/3
in the FIR, which casts an aspersion on the case of the
petitioner. It is also submitted that once an accused is implicated
in a case relating to excise, the police starts implicating
mechanically either at the instance of Chowkidar, local person,
confessional statement or secret information without holding a
proper investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on her furnishing bail-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned I/C Exclusive
Special Judge-cum-Excise Court-I, Sitamarhi, Bihar in
connection with Suppi P.S. Case No.344 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
Patna High Court CR. MISC. No.12075 of 2026(2) dt.26-02-2026
3/3
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed her antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.