Patna High Court
Sangita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Sangita Devi, applied for anticipatory bail in a case where police, acting on a raid, recovered 20 litres of country-made liquor from behind her house. The prosecution alleged an offence under Section 30(a) of the Bihar Prohibition and Excise Act, but the seizure list did not name the petitioner nor specify the exact location of the seizure. The petitioner argued she had no knowledge or possession of the liquor and no prior criminal record. The court noted the absence of her name on the seizure list, the recovery being from outside the house, and her clean record, and therefore found insufficient grounds for arrest. Consequently, the court granted anticipatory bail under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023, directing bail on bond with sureties.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is not named in the seizure list and the liquor was recovered from outside her residence.
- Whether the allegations under Section 30(a) of the Bihar Prohibition and Excise Act justify denial of anticipatory bail.
- Applicability of Section 438(2) CrPC and Section 482(2) BNSS, 2023 in granting anticipatory bail.
Legislation cited
- BNSS, 2023 — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNSS 2023
- illegal liquor
- seizure list
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18657 of 2026
Arising Out of PS. Case No.-321 Year-2025 Thana- SARAI District- Vaishali
======================================================
Sangita Devi Wife of Rakesh Ram Resident of Village - Akbar Malahi, Teliya
Sarae, Police Station - Sarai in the District of Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar
For the Opposite Party/s : Mr. Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 16-04-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Sarai Police Station Case No. 321 of 2025,
disclosing offences under Sections 30(a) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in brief, is that on
30.12.2025, during a raid conducted on the basis of secret
information regarding illegal liquor trade, the police recovered 7
liters of country-made liquor from the co-accused.
Subsequently, upon proceeding near the petitioner’s house, a
woman fled on seeing the police, and on search, 20 liters of
country-made liquor was recovered from behind the petitioner’s
Patna High Court CR. MISC. No.18657 of 2026(2) dt.16-04-2026
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house, for which a seizure list was duly prepared.
4. 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. The alleged recovery of
20 liters of country-made liquor was not made from her
conscious possession but from behind a joint family house, with
which she has no concern or knowledge. In the seizure list, the
name of petitioner and the place from where the liquor has been
recovered is also not mentioned. Petitioner is having no criminal
antecedent.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that in
the seizure list, the name of the petitioner is not there and the
place of seizure is also not available and as per the FIR, the
liquor has been recovered from behind the house of the
petitioner and not from inside the house and the petitioner is
having no criminal antecedent, I am inclined to grant the
petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
Patna High Court CR. MISC. No.18657 of 2026(2) dt.16-04-2026
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10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Court (2nd)
cum Additional District and Sessions Judge, Vaishali at Hajipur,
in connection with Sarai Police Station Case No. 321 of 2025,
subject to the condition laid down under Section 438 (2) of the
Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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