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Patna High Court

Subhawati DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to a Rs.30,000 bond and conditions under the BNSS, 2023.

Summary

The petitioner, Subhawati Devi, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for the alleged possession of 10 litres of illicit liquor. She asserted that she had no involvement in the alleged offence and possessed a clean criminal record. The State opposed her request for bail. The High Court, considering the facts, granted anticipatory bail, directing the petitioner to furnish a bail bond of Rs.30,000 under Section 2(1)(d) of the BNSS, 2023, and comply with conditions under Section 482(2) of the same Act. The Court also ordered the trial court to verify her antecedents and cancel the bail if any concealment is discovered. The bail bond is to be accepted without delay pending verification.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • bail bond
  • Section 30(a)
  • Section 2(1)(d)
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21702 of 2026
                       Arising Out of PS. Case No.-18 Year-2026 Thana- RIVILGANJ District- Saran
                 ======================================================
                 Subhawati Devi W/o Vijay Mahto Resident of Village- Jantola, P.S.-
                 Rivilganj, Distt.- Saran at Chapra
                                                                    ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   08-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Rivilganj P.S. Case No. 18 of 2026, dated 08.01.2026,

                   lodged under Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022.

                                3. As per the prosecution, total recovery of 10 litres of

                   illicit liquor has been made, which is the subject matter of the

                   present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   further submits that the petitioner has no concern with the

                   alleged recovery. Counsel further submits that the petitioner has

                   been implicated in this case merely on suspicion. It is further

                   submitted that the criminal antecedent of the petitioner is clean.
         Patna High Court CR. MISC. No.21702 of 2026(2) dt.08-04-2026
                                                     2/2




                                5. Learned APP for the State opposes the prayer for

                   bail of the petitioner.

                                6. In the present facts and circumstances of this case,

                   let the above named petitioner be released on anticipatory bail,

                   in the event of arrest or surrender before the Trial Court within a

                   period of 4 weeks from today, on furnishing bail bond of

                   Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section

                   2(1)(d) of the BNSS, 2023 to the satisfaction of Special Judge

                   Excise Court 2, Saran at Chapra, in connection with Rivilganj

                   P.S. Case No. 18 of 2026, subject to the conditions as laid down

                   U/s 482(2) of the BNSS, 2023.

                                7. It is further directed that the Trial Court shall verify

                   the criminal antecedent of the petitioner, and in case it is found

                   at any stage that the petitioner has concealed his criminal

                   antecedent, the Trial Court shall take steps for cancellation of

                   the petitioner’s bail bond. However, the acceptance of the bail

                   bond in terms of the above-mentioned order shall not be delayed

                   for the purpose of or in the name of verification.



                                                                        (Dr. Anshuman, J.)
Aman Kumar/-
U     T


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