Patna High Court
Pravila Devi @ Pramila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail is granted to the petitioner as she has no criminal antecedent and no conscious possession of the seized liquor, subject to stipulated conditions.
Summary
Pravila Devi, a housewife, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act after police seized 10 litres of illicit liquor from her kitchen during a raid. She contended she had no role in the seizure, no criminal antecedent, and the liquor was joint property. The State opposed, noting the recovery was from her premises. The Court, relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, held that anticipatory bail can be granted despite the bar in Section 76(2) if the FIR does not establish an offence. Considering her lack of antecedent and lack of conscious possession, the Court granted anticipatory bail with specific conditions, reserving the right to cancel if circumstances change.
Issues considered
- Can anticipatory bail be granted under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
- Does the petitioner’s alleged lack of conscious possession exempt her from liability under Section 30(a)?
- Are the conditions imposed for bail appropriate and lawful?
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- liquor seizure
- housewife
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15307 of 2026
Arising Out of PS. Case No.-399 Year-2025 Thana- HULASGANJ District- Jehanabad
======================================================
Pravila Devi @ Pramila Devi Wife of Akhilesh Manjhi @ Akhlesh Kumar
Resident of Village- Raghunathpur, Tola Chemanipar, P.S.- Hulasganj,
District- Jehanabad,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate
For the Opposite Party/s : Mrs. Shaheen Begum, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-03-2026 Heard the parties.
2. The petitioner is apprehending her arrest in
connection with Hulasganj P.S. Case No. 399 of 2025 for the
offence under section 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the Police, on secret
information, raided two houses, one of Biru Kumar and other of
this petitioner and recovered/seized 10 liters of country-made
liquor from the kitchen of both the houses. This led to the FIR.
4. Learned counsel for the petitioner submits that she is
a house wife, no role to play in the said recovery which is a joint
property, and further, has no criminal antecedent.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in the
Patna High Court CR. MISC. No.15307 of 2026(2) dt.12-03-2026
2/3
case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2)
PLJR 1089 wherein it has been held that an application for
anticipatory bail in a case arising out of Bihar Excise and
Prohibition Act can be maintained, despite the bar under Section
76(2) of the Act, if on the basis of allegation made in the FIR, no
offence under the said provision is made out.
6. Learned APP opposes the prayer submitting that it is
recovered from her kitchen.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that the petitioner is a lady having no criminal antecedent and
recovery is not from her conscious possession, in that background,
this Court is inclined to extend him the privilege of anticipatory
bail with conditions.
8. If, however, it is found that contrary to the statement
made in paragraph-3, the petitioner has criminal antecedent, the
present order shall become infructuous.
9. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt
of this order, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) with two sureties of like amount each to the satisfaction
of learned Special Excise Judge-I, Jehanabad in connection with
Hulasganj P.S. Case No. 399 of 2025 subject to the following
Patna High Court CR. MISC. No.15307 of 2026(2) dt.12-03-2026
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conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of her bail
bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of her bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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