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Patna High Court

Gita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of her criminal antecedent.

Summary

The petitioner, Gita Devi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 119 litres of liquor. She argued that she has a clean antecedent, is a woman, and that the liquor was recovered from a location not belonging to her and not from her conscious possession. The State opposed the bail, contending that the offence is non-bailable. The Court, considering the petitioner’s clean record and lack of direct possession, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of her antecedent within six weeks. The order further stipulated that if any prior case is discovered, the bail would not be confirmed, whereas confirmation would follow if the clean antecedent is verified.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act.
  • Whether the absence of direct possession of the alleged liquor and a clean antecedent justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a) Bihar Prohibition and Excise Act
  • clean antecedent
  • liquor seizure
  • Cr.P.C. Section 438
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15490 of 2026
                       Arising Out of PS. Case No.-17 Year-2026 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Gita Devi W/o Chandu Ram @ Kallu Ram R/o Meena Bazar, Domkhana,
                 Near Shiv Mandir, Sadikpur Harizan Colony, P.S.- Alamganj, Distt.- Patna
                                                                             ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mithilesh Kumar Arya, Advocate
                 For the Opposite Party/s :       Ms. Indu Kumari Srivastava, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-03-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 119 litres of liquor from five plastic

                   bags.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from her conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner.

                   It is further submitted that petitioner came to be implicated at

                   the instance of the local person but then the name of the person
Patna High Court CR. MISC. No.15490 of 2026(2) dt.16-03-2026
                                            2/3




          who disclosed the name of the petitioner is not disclosed in the

          FIR which casts an aspersion on the case of the prosecution,

          when petitioner admittedly is a person with clean antecedent

          and has not been implicated based on the secret information.

                       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, let the petitioner, above-named, in the

          event of her arrest or surrender within a period of six weeks

          from today, be released on provisional anticipatory bail on

          furnishing bail bonds of Rs.500/- (Rupees Five Hundred) 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. 17 of 2026, subject

          to the conditions as laid down under Section 438(2) of the

          Cr.P.C./482(2) of the B.N.S.S.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and if

          it is found that petitioner has antecedent of even one case, it

          would be presumed that petitioner had concealed her antecedent

          before this Court at para 3 of the anticipatory bail application in

          that event the provisional anticipatory bail order shall not be
           Patna High Court CR. MISC. No.15490 of 2026(2) dt.16-03-2026
                                                       3/3




                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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