Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The petitioner is granted anticipatory bail subject to a bail bond and conditions prescribed under the BNSS, 2023.
Summary
Manju Devi was apprehended for possible arrest in a case involving the recovery of 350 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. She claimed innocence, stating she owned the vehicle used but had no knowledge of any illegal activity and had a clean criminal record. The State opposed her bail application. The Court, considering the facts, granted her anticipatory bail for up to four weeks, subject to a Rs.30,000 bail bond under Section 2(1)(d) of the BNSS, 2023 and conditions of Section 482(2) of the same Act. The trial court was directed to verify her antecedents and cancel the bail if any concealment is found, but not to delay acceptance of the bond. Thus, the petitioner was released on anticipatory bail pending further verification.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the BNSS, 2023 in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the petitioner’s alleged ownership of the vehicle implicates her in the offence
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- BNSS 2023
- criminal antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21719 of 2026
Arising Out of PS. Case No.-207 Year-2025 Thana- TILAUTHU District- Rohtas
======================================================
Manju Devi W/O Umesh Chaudhary R/O Village- Hurka, P.S- Tilauthu,
District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashwani Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Nirmal Kumar Sinha, 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 Tilauthu P.S. Case No. 207 of 2025, dated 29.07.2025,
lodged under Sections 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. As per the prosecution, total recovery of 350 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 is
the owner of one of the alleged vehicles, but she has no
knowledge of any illegal activity carried out using her
motorcycle. It is further submitted that the criminal antecedent
of the petitioner is clean.
Patna High Court CR. MISC. No.21719 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 Exclusive
Special Excise Judge II, Sasaram at Rohtas, in connection with
Tilauthu P.S. Case No. 207 of 2025, 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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