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Patna High Court

Babita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to pre‑arrest bail as she has made out a prima facie case of innocence and possesses a clean antecedent.

Summary

The petitioner, Babita Devi, was implicated in a case (PS 499 of 2025) for alleged possession of 20 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. She applied for pre‑arrest bail, claiming innocence, a clean criminal record, and that other family members may have concealed the liquor. The State opposed the bail. The court, after reviewing the FIR and noting the petitioner’s clean antecedent and joint‑family circumstances, found a prima facie case for bail and observed the State’s failure to implement its liquor policy. Accordingly, the court ordered that she be released on pre‑arrest bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the BNSS. The order also directed the district court to verify her criminal antecedent, with the bail order lapsing if adverse findings emerge.

Issues considered

  • Whether pre‑arrest bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s clean antecedent and joint‑family situation justify the grant of bail.
  • Whether the State’s alleged failure to implement its liquor policy influences the bail decision.

Legislation cited

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • joint family
  • clean antecedent
  • bail bond
  • sureties
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18972 of 2026
                  Arising Out of PS. Case No.-499 Year-2025 Thana- MUFFASIL District- West Champaran
                 ======================================================
                 Babita Devi W/o Rakesh Dhangad R/o Village- Lalgarh Farm (Khasur), P.S-
                 Bettiah Muffasil, Dist- West Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashish Ranjan Garg, Advocate
                 For the Opposite Party/s :       Mr.Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                    Heard Mr. Ashish Ranjan Garg, learned counsel

                   appearing on behalf of the petitioner and Mr. Kanhiya Kishor

                   learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Bettiah Muffasil P.S. Case No. 499 of 2025 registered for

                   the offence(s) punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                 3. As per the allegation made in the FIR, 20 litres of

                   illicit liquor was recovered from the house of the petitioner

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner is innocent and has falsely

                   been implicated in the present case. It is further submitted that

                   the petitioner resides in a joint family, and that some other

                   family members may have concealed the liquor and as such, the
Patna High Court CR. MISC. No.18972 of 2026(2) dt.08-04-2026
                                            2/3




          petitioner has no connection with the seized liquor. Petitioner

          has clean antecedent. On these grounds, the petitioner seeks to

          be released on pre-arrest bail

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the fact that petitioner has clean antecedent

          and she resides in a joint family and that some other family

          members may have concealed the liquor and also the fact that

          the State has failed to implement its liquor policy in its true

          spirit, I am of the opinion that petitioner has, prima facie, made

          out a case to be released on pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of her arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned          Concerned Court where the case is

          pending in connection with Bettiah Muffasil P.S. Case No. 499

          of 2025, subject to the conditions as laid down under Section

          482(2) of the BNSS.
           Patna High Court CR. MISC. No.18972 of 2026(2) dt.08-04-2026
                                                       3/3




                                  8. The learned District Court is directed to verify the

                     criminal antecedent of the petitioner and if it is found that the

                     petitioner is involved in some other cases, as what has been

                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.



                                               (Purnendu Singh, J)
Sanjay/-

U      T


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