Patna High Court
Gita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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
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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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