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Patna High Court

Shanti DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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


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