Patna High Court
Babita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Negotiable Securities Act — s. 482(2)
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
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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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