Patna High Court
Lalita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted under the Bihar Prohibition and Excise Act despite Section 76(2) when the FIR does not disclose a cognizable offence, especially for a first‑time offender.
Summary
Lalita Devi, a resident of Darbhanga, applied for anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act alleging her involvement in the seizure of 22 litres of country‑made liquor at Ashok Paper Mill. The informant, Khushbu Kumari, named her, but the petitioner claimed she has no criminal antecedent and was implicated due to personal enmity. The State opposed the bail, relying on the local testimony, while the petitioner relied on a Full Bench decision in Ram Vinay Yadav v. State of Bihar which permits anticipatory bail despite the bar in Section 76(2) if the FIR does not disclose a cognizable offence. The Court, considering the petitioner’s clean record and the cited precedent, granted anticipatory bail with a cash bond and several conditions, including cooperation with investigation and non‑tampering with witnesses. The order directs that bail be released if she is arrested or surrenders within four weeks, subject to compliance with the stipulated conditions.
Issues considered
- Whether an application for anticipatory bail is maintainable under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the allegations in the FIR constitute an offence under Section 30(a) of the Act.
- Whether the petitioner, being a first‑time offender, merits the grant of anticipatory bail with conditions.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- first‑time offender
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20767 of 2026
Arising Out of PS. Case No.-99 Year-2025 Thana- ASHOK PAPER MILL District-
Darbhanga
======================================================
Lalita Devi W/o Dasrath Sahni @ Chillu Sahni Resident of Village- Amadih,
P.S.- Bahadurpur, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the State : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioner is apprehending her arrest in
connection with Ashok Paper Mill P.S. Case No. 99 of 2025 for
the offence under sections 30(a) of the Bihar Prohibition and
Excise Act lodged on 12.07.2025 by the informant, Khushbu
Kumari.
3. As per the prosecution story, the informant alleged
that on secret information, the place was raided, when it was
found that the accused threw the sack and managed to escape,
from it there is recovery/seizure of 22 liter country made liquor.
The locals gave the name this petitioner. This led to the FIR.
4. Learned counsel for the petitioner submits that she
is a lady having no criminal antecedent, due to enmity, got
implicated.
Patna High Court CR. MISC. No.20767 of 2026(2) dt.08-04-2026
2/3
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that the
locals have named her.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that she is a lady having no criminal antecedent, in that
background, this Court is inclined to extend her the privilege of
anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Special Judge-I (Excise Act), Darbhanga
in connection with Ashok Paper Mill P.S. Case No. 99 of 2025
Patna High Court CR. MISC. No.20767 of 2026(2) dt.08-04-2026
3/3
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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