Patna High Court
Dhauli Devi @ Amita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners subject to conditions and verification of their criminal antecedents.
Summary
The petitioners, Dhauli Devi and Chhotu Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 200 litres of liquor. They argued that they were not arrested on the spot, no liquor was found in their possession, and the recovery occurred at a public place without a named informant in the FIR, suggesting a mechanically driven investigation. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.15,000 each with two sureties and directed the trial court to verify the petitioners' criminal antecedents. It further stipulated that if any petitioner is found to have more than three prior cases, the bail would not be confirmed for that individual.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a case under Section 30(a) of the Bihar Excise Act.
- Whether the lack of recovery from the petitioners' possession and absence of a named informant justify bail.
- Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 30(a)
- criminal antecedent
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14732 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- ALAMGANJ District- Patna
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1. Dhauli Devi @ Amita Devi Son of Sumari Lal Sahni @ Somariya Sahni
Resident of Gosain Ghat, Jhoparpatti , in front of Machhali Godown, Police
Station - Alamganj, District - Patna.
2. Chhotu Kumar @ Jitendra Kumar Son of Vasudeo Sao Resident of Mohalla
- Kedarmath, P.S. - Alamganj, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Shanker Pankaj
For the Opposite Party/s : Mr.Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-03-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehends 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 the
petitioners have antecedent of three cases under the Excise Act
and petitioner no. 1 is a woman and allegation is of recovery of
200 litres of liquor from Raja ghat near bank of Ganga river. d
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.14732 of 2026(2) dt.13-03-2026
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recovery is from a place which does not belong to the
petitioners and is accessible to public at large and they came to
be implicated at the instance of local people, but then the name
of the person, who disclosed the name of the petitioners is not
disclosed in the FIR, which casts an aspersion on the case of the
prosecution, when petitioners have not been implicated based on
secret information. 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 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.
15,000/- (Rupees Fifteen Thousand) 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 Alamganj
P.S. Case No. 7 of 2026, subject to the conditions as laid down
under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.14732 of 2026(2) dt.13-03-2026
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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 petitioners have antecedent of more than
three cases 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 with respect to that petitioner
who had concealed his criminal antecedent before this Court, but
after verification if it is found that petitioners have antecedent of
three cases in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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