Patna High Court
Gani Devi @ Gyani Devi @ GaniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, subject to bond, sureties, and conditions.
Summary
Gani Devi applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where police had seized country-made liquor from various locations and identified her name based on disclosures by others. The prosecution alleged her involvement, but no liquor was recovered from her physical possession. The petitioner, despite having two prior criminal antecedents, argued innocence and lack of direct evidence. The State opposed the bail, citing the antecedents. The court examined the facts, noting the absence of recovery from her possession and the reliance on third‑party statements, and decided to grant anticipatory bail with a bond and sureties, subject to cooperation and verification of her antecedents. The order also imposed conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC/Section 482 Bharatiya Nagarik Suraksha Sanhita when the alleged offence involves seizure of liquor and the petitioner was not found in physical possession of the contraband.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 438
- Section 482
- criminal antecedent
- liquor seizure
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16903 of 2026
Arising Out of PS. Case No.-873 Year-2025 Thana- KADAMKUAN District- Patna
======================================================
Gani Devi @ Gyani Devi @ Gani W/o Akhilesh Kumar @ Akhilesh Chauhan
R/o Railway Hunter Road, Under Rajendra Nagar, Over Bridge, P.S.-
Kadamkuan, Distt- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh No. I
For the Opposite Party/s : Mr.Kanhiya Kishor
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 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 in connection with
Kadamkuan P.S.Case No 873/2025.
3. The prosecution case, in short, is that on the basis
of information, the police raided Ambedkar Bhawan and
arrested co-accused Manoj Singh and seized 18 litres of
country-made liquor. Thereafter, one Sonu Kumar was arrested
and 11 litres of country-made liquor was seized. The police also
seized 12 litres of country-made liquor from under an over-
bridge of Rajendra Nagar. The name of the petitioner surfaced
Patna High Court CR. MISC. No.16903 of 2026(2) dt.25-03-2026
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on the disclosures made by the persons assembled at the place
of occurrence.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in the
present case on the basis of suspicion and nothing has been
recovered from her conscious physical possession.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Although, the petitioner has two criminal
antecedents, which have been disclosed in para-3 of the bail
application, what is evident that the petitioner was not
apprehended on the spot and, therefore, no recovery has been
made from the conscious physical possession of the petitioner.
The recovery has been made from an open place under the over-
bridge of Rajendra Nagar and the name of the petitioner
appears to have surfaced on the basis of alleged disclosures
made by other persons.
7. Considering all these aspects of the matter, I am
inclined to grant privilege of anticipatory bail to the petitioner.
8. Let the petitioner, as named above, in the event of
her arrest or surrender within four weeks from today, be
enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees
Patna High Court CR. MISC. No.16903 of 2026(2) dt.25-03-2026
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Ten Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Excise 2nd Patna in
connection with Kadamkuan P.S.Case No. 873/2025, subject to
the conditions laid down under section 438(2) of the Code of
Criminal Procedure/Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 and subject to further condition that :-
(i) the petitioner shall co-operate in the investigation/
trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed her criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
HR/-
U T
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