Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court ordered the release of the petitioner on bail, subject to a bond and conditions, pending verification of any concealed criminal antecedents.
Summary
Anita Devi, a housewife from Jehanabad, was implicated in a case (PS‑398/2025) for allegedly manufacturing and selling country‑made liquor in violation of Section 30(a) of the Bihar Prohibition and Excise Act. Police, acting on secret information, recovered about five litres of mahua liquor from her house but found none in her conscious possession. The petitioner argued she had no criminal antecedent and no direct involvement with the seized liquor, seeking bail. The State opposed the bail application. The High Court, after hearing both sides, granted bail on a bond of Rs 10,000 with two sureties, subject to verification of any concealed criminal antecedents under Section 482(2) of the B.N.S.S., and directed that the bail not be delayed for verification.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act when the seized liquor was not found in her possession.
- Whether the petitioner’s lack of criminal antecedent and claim of non‑involvement justify bail.
- Whether verification of the petitioner’s criminal antecedents is a condition precedent to bail under Section 482(2) of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- illicit liquor
- criminal antecedent
- Section 482(2)
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18474 of 2026
Arising Out of PS. Case No.-398 Year-2025 Thana- HULASGANJ District- Jehanabad
======================================================
Anita Devi W/o- Chandan Manjhi Resident of village- Ghambhirganj Tola
Dudhaila, P.S- Hulasganj, District- Jehanbad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shravan Kumar, Sr. Advocate
: Ms. Monika Singh, Advocate
For the Opposite Party/s : Md. Matloob Rab, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 25-03-2026 Heard the learned senior counsel for the petitioner
and the learned APP for the State.
2. The petitioner is apprehending her arrest in
connection with Hulasganj P.S. Case No. 398 of 2025 for
allegedly having committed offence under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, the police received
secret information that the petitioner and one another person are
indulged in making and selling country made liquor and on the
said information, when the police party reached village
Gambhirganj Tola Dudhaila, one lady fled away. On query from
the villagers, the name of the petitioner transpired. During
search of the house of the petitioner, about 5 litres of country
Patna High Court CR. MISC. No.18474 of 2026(2) dt.25-03-2026
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made mahua liquor, kept in a plastic gallon was recovered from
the kitchen area.
4. The learned senior counsel for the petitioner
submits that nothing has been recovered from the conscious
possession of the petitioner. The petitioner is a house wife and
she has got no concern with the seized liquor. The petitioner is
having no criminal antecedent.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner.
6. Having heard the learned counsel for the parties,
let the petitioner, above named, in the event of arrest or
surrender within a period of six weeks, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Special Excise Judge-I, Jehanabad in connection with Hulasganj
P.S. Case No. 398 of 2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S., with further
condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed her criminal
antecedents, the court concerned shall take steps for cancellation
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of bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Ritesh Kumar, J)
AjayMishra/-
U T
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