Patna High Court
Geeta DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioners, subject to verification of their criminal antecedent.
Summary
Geeta Devi and Ashok Manjhi were implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 21 litres of liquor at their jointly‑owned house. They claimed to have a clean criminal record and argued that the liquor was not found in their conscious possession, nor could it be proved that they knew of its presence. The State opposed their application for anticipatory bail. The Court considered the lack of direct seizure, the petitioners’ clean antecedent, and the nature of the joint family property. It granted provisional anticipatory bail subject to a modest bail bond, two sureties, and a six‑week window for surrender, with a condition that the trial court verify their antecedents. If any prior case is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Excise Act given the circumstances of the alleged offence.
- Whether the lack of seizure from conscious possession and the joint family ownership of the property justify granting bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- liquor possession
- joint family property
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12866 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- BAIRIYA District- West Champaran
======================================================
1. Geeta Devi W/O Ashok Manjhi R/O Vill- Pokhariya, Mushari Tola, P.S.-
Bairiya, Dist.- West Champaran.
2. Ashok Manjhi S/O Vineshar Manjhi R/O Vill- Pokhariya, Mushari Tola,
P.S.- Bairiya, Dist.- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.
1 is a woman and allegation is of recovery of 21 liters of liquor
from house of the petitioners.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession and the house in
Patna High Court CR. MISC. No.12866 of 2026(2) dt.10-03-2026
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question is a joint family property, as such, it cannot be alleged
with certainty that it were petitioners who had kept the liquor in
the house or the liquor kept in the house was within their
knowledge and they came to be implicated based on secret
information which is the easiest way to implicate someone
without holding a proper investigation when petitioners
admittedly are persons with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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) each 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 Bairiya
P.S. Case No. 34 of 2026 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 petitioners and
in the event if it is found that any of the petitioners have
Patna High Court CR. MISC. No.12866 of 2026(2) dt.10-03-2026
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antecedent of even one case then it would be presumed that
petitioners, for the purposes of seeking anticipatory bail, had
concealed their antecedent before this Court, as such, the
provisional anticipatory bail order shall not be confirmed, but
after verification if it is found that petitioners are persons 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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