Patna High Court

SANJU DEVIversusThe State of Bihar

Decided: 27 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of her antecedents and compliance with the stipulated conditions.

Summary

Petitioner Sanju Devi sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 5.25 litres of liquor from a public place. She contended that the liquor was not in her possession, that the recovery occurred at a location she did not own, and that she was implicated by a chowkidar due to personal enmity with her husband. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bail bond with two sureties and directed the trial court to verify her criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed forthwith.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the circumstances of alleged recovery and lack of possession justify granting bail.
Whether the petitioner’s criminal antecedents affect the confirmation of anticipatory bail.

Legislation cited

Bihar Negotiable Securities Act — s. 482(2)

Subjects

anticipatory bail
excise law
Section 30
bail conditions
criminal antecedent
police investigation
gender considerations

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13531 of 2026
                        Arising Out of PS. Case No.-3 Year-2026 Thana- Kasar District- Sheikhpura
                 ======================================================
                 SANJU DEVI W/O PRAHLAD CHAUDHARY @ PRAHLAD
                 CHOUDHARY R/o vill - Kasar, P.S.- Kasar, Distt.- Sheikhpura

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sunny Kumar
                 For the Opposite Party/s :        Ms. Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-02-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                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 5.25 litres of liquor

                   from a street.        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 is accessible to

                   public at large and she came to be implicated at the instance of

                   chowkidar with whom her husband is on an inimical term. It is
Patna High Court CR. MISC. No.13531 of 2026(2) dt.27-02-2026
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          also submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either through chowkidar, local person, confessional statement

          or secret information without holding a proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.5000/- (Rupees five thousand) 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 Kasar

          P.S. Case No.3/2026, subject to the conditions as laid down

          under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          one case, in that event, it would be presumed that petitioner had

          concealed her antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.13531 of 2026(2) dt.27-02-2026
                                                         3/3




                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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