Patna High Court
Laxmi Devi @ Laxhmi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner, subject to a bond and verification of her criminal antecedent.
Summary
The petitioner, Laxmi Devi, was named in an A.B.A. No.150 of 2026 for alleged possession of 4 litres of illicit liquor recovered from a house attributed to her, violating Section 30(a) of the Bihar Prohibition and Excise Act, 2016. She contended that she was not present at the location, had no conscious possession of the liquor, and possessed a clean criminal record. The State opposed her bail, arguing that the allegations warranted continued custody. The Court considered the petition for anticipatory bail and, noting the absence of any material suggesting the petitioner might flee or tamper with evidence, ordered that she be released on anticipatory bail. The bail was conditioned on furnishing a Rs.30,000 bond under Section 2(1)(d) of the BNSS, 2023 and compliance with verification of her antecedents as per Section 482(2) of the same Act. The order also empowered the trial court to cancel the bail if any concealment of antecedent is discovered.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the BNSS, 2023 in view of the allegations under the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner’s alleged involvement and the nature of the offence justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — 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.21810 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- KHAIRA District- Jamui
======================================================
Laxmi Devi @ Laxhmi Devi Wife of Mithun Manjhi R/O Vill. - Bela, P.S. -
Khaira, Distt. - Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Manoj Kumar, Adv.
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 08-04-2026 Heard Learned Counsel for the petitioner and
Learned A.P.P for the State.
2. The petitioner is apprehending arrest in connection
with A.B.A. No.150 of 2026 arising out of Khaira P.S. Case
No.21 of 2026, for the offence punishable under Section 30(a)
of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution, the total recovery of 4 litres
of illicit liquor have been alleged to be made from a house of
the petitioner, 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
also submits that petitioner was not present on the spot and her
name has been transpired only due to owner of the alleged
house where the recovery has been made. Counsel further
Patna High Court CR. MISC. No.21810 of 2026(2) dt.08-04-2026
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submits that criminal antecedent of the petitioner is clean. He
further submits that nothing has been recovered from conscious
possession of the petitioner.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that criminal antecedent of the
petitioner is clean.
6. As such, 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
learned Court below 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 Excise Court-I, Jamui or concern court,
Jamui in connection with A.B.A. No.150 of 2026 arising out of
Khaira P.S. Case No.21 of 2026, subject to the conditions as laid
down U/s 482(2) of the BNSS, 2023.
And further condition that the Trial Court shall verify
the criminal antecedent of the petitioner and in case at any stage
it is found that the petitioner has concealed her criminal
antecedent, the Trial Court shall take step for cancellation of
bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
Patna High Court CR. MISC. No.21810 of 2026(2) dt.08-04-2026
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delayed for purpose of or in the name of verification.
(Dr. Anshuman, J)
Prakashmani/-
U T
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