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Patna High Court

Lalita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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