Patna High Court
Meena DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Meena Devi was apprehended for alleged involvement in the illicit liquor case (Case No.211 of 2019, Bhargama PS) where 343.125 litres of illegal liquor were recovered from a bamboo orchard. The prosecution alleged offences under IPC Sections 272, 273, 34 and Section 30(a) of the Bihar Prohibition and Excise Act, relying on a co‑accused’s confessional statement that mentioned her name. The petitioner argued that no incriminating material was found in her possession and that the recovery was from an open area to which she had no connection. The State opposed her anticipatory bail application. The Court, considering the nature of the accusation and the circumstances of the recovery, granted anticipatory bail, directing that if she is arrested or surrenders within eight weeks, she may be released on a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the recovery of illicit liquor and the co‑accused’s confessional statement.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita can be invoked to impose conditions on the anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 272, 273, 34
Subjects
- anticipatory bail
- illicit liquor
- IPC
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12437 of 2026
Arising Out of PS. Case No.-211 Year-2019 Thana- BHARGAMA District- Araria
======================================================
Meena Devi W/o Devnarayan Mandal @ Mandal R/o Village - Shankarpur,
P.S - Forbesganj, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Sections 272, 273, 34 of the Indian
Penal Code and Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per prosecution case, 343.125 litres illicit liquor
was recovered from bamboo orchard.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from the conscious
possession of the petitioner. Name of the petitioner transpired
during investigation in confessional statement of co-accused.
Recovery was made from an open place, accessible to one and
all and petitioner has got no concern with the alleged recovery.
5. Learned A.P.P. for the State opposed the bail
Patna High Court CR. MISC. No.12437 of 2026(2) dt.09-04-2026
2/2
application.
6. Considering nature of accusation and place of
recovery, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of her
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned District and
Additional Sessions Judge-cum-Exclusive Special Judge
Excise-II, Araria in connection with Bhargama P. S. Case No.
211 of 2019, subject to condition as laid down under Section
482(2) of the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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