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Patna High Court

Manju DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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