Patna High Court

Sangita DeviversusThe State of Bihar

Decided: 12 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted anticipatory bail to the petitioner subject to bail bond, sureties and conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

The petitioner, Sangita Devi, sought anticipatory bail fearing arrest in a case (Janta Bazar PS Case No. 326 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act, where 5 litres of liquor was recovered from an open area behind her house. She contended that her name was supplied by a local mukhiya, she had no knowledge of the liquor, and the location was publicly accessible, thus arguing no prima facie case against her. The State opposed the bail, but the court noted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and the petitioner’s claim of false implication. Consequently, the court granted anticipatory bail, requiring a bail bond of Rs. 15,000 with two sureties and subject to conditions under Section 482(2) of the same Act. The order was conditioned on the petitioner surrendering within six weeks if arrested.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether a prima facie case exists under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with.
Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023 applies to the bail order.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
Section 30(a)
Section 103
Section 482(2)
false implication
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15994 of 2026
                     Arising Out of PS. Case No.-326 Year-2025 Thana- JANTA BAZAR District- Saran
                 ======================================================
                 Sangita Devi S/O Late Munna Chaudhary Resident Of Village- Shobhipur
                 Dhamsar, Police Station- Janta Bazar, District- Saran
                                                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Mili Kumari, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Janta Bazar P.S. Case No. 326 of 2025 instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 5 litres of

                   liquor was recovered from an open place behind the house of

                   the petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. The

                   name of the petitioner transpired in this case on the basis of

                   disclosure made by local mukhiya. Learned counsel further

                   submitted that petitioner has no knowledge and concern with the
           Patna High Court CR. MISC. No.15994 of 2026(2) dt.12-03-2026
                                                       2/2




                     alleged recovery. Learned counsel further submitted that the

                     alleged recovery has been made from an open place which is

                     accessible to public at large. Learned counsel, therefore,

                     submitted that prima-facie, no case is made out against the

                     petitioner. The petitioner has one criminal antecedent. There is

                     no compliance of Section 103 of the Bharatiya Nagarika

                     Suraksha Sanhita, 2023.

                                5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner, above named, in the event of

                     arrest/surrender before the lower court within a period of six

                     weeks from today, be released on anticipatory bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Janta Bazar P.S. Case

                     No. 326 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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