Patna High Court
Rita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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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