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Patna High Court

Meena DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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