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Patna High Court

Rita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner’s criminal antecedents.

Summary

Rita Devi, a woman from Sitamarhi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 315 litres of liquor from a location adjacent to her house and 19.5 litres from a motorcycle. She contended that she was not in possession of the liquor, did not own the motorcycle, and that the investigation was based on secret information without proper inquiry. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that she furnish a bail bond of Rs. 20,000 with two sureties and appear before the trial court within six weeks. The order is subject to verification of her criminal antecedents; if she has more than four prior cases, the bail may be revoked, whereas confirmation will follow if she has exactly four cases. The court thus balanced the petitioner’s right to liberty with the seriousness of the excise offences.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s alleged lack of possession and ownership of the seized liquor and motorcycle precludes arrest.
  • Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • criminal antecedent
  • Section 30
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14655 of 2026
                     Arising Out of PS. Case No.-852 Year-2025 Thana- SITAMARHI District- Sitamarhi
                 ======================================================
                 Rita Devi W/o- Bharat Ray R/Vill- Bariyarpur, ward no. 37, P.S- Sitamarhi,
                 Dist- Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Zaki Haider
                 For the Opposite Party/s :        Mr.Binod Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of four cases under the Excise Act and

                   is a woman and allegation is of recovery of 315 litres of liquor

                   from a place behind the house of petitioner and 19.50 litres of

                   liquor from a motorcycle.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and is not the owner of

                   the seized motorcycle and even the alleged recovery of 315
Patna High Court CR. MISC. No.14655 of 2026(2) dt.12-03-2026
                                            2/3




          litres of liquor is from a place which does not belong to the

          petitioner but then is adjacent to her house and she came to be

          implicated based on secret information which is the easiest way

          to implicate someone. It is further 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.

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

          anticipatory bail of the petitioner.

                   6.     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 trial court within a

          period of six weeks from today, be released on Provisional

          anticipatory bail on furnishing bail bonds of Rs. 20,000/- (Rupees

          Twenty 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 Sitamarhi P.S. Case

          No. 852 of 2025, 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 petitioner and in the

          event if it is found that petitioner has antecedent of more than four
              Patna High Court CR. MISC. No.14655 of 2026(2) dt.12-03-2026
                                                          3/3




                        cases then it would be presumed that petitioner, for the purposes of

                        seeking anticipatory bail, had concealed her antecedent before this

                        Court, as such, the provisional anticipatory bail order shall not be

                        confirmed, but after verification if it is found that petitioner has

                        antecedent of four cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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