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Patna High Court

Sanju DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to a Rs.30,000 bail bond and conditions under Section 482(2) of the BNSS, 2023.

Summary

The petitioner, Sanju Devi, sought anticipatory bail fearing arrest in a case (Mirganj P.S. Case No. 296 of 2025) filed under Section 317(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, concerning the recovery of 33.8 litres of illicit liquor. The prosecution alleged her involvement, while her counsel argued she was not the owner of the vehicle, had not been arrested, and possessed a clean criminal record. The State opposed the bail application. The High Court, considering the facts and the petitioner’s assertions of innocence, granted anticipatory bail, directing her to furnish a bail bond of Rs.30,000 under Section 2(1)(d) of the BNSS, 2023, and subject to conditions under Section 482(2) of the BNSS, 2023. The order was pronounced by Justice Dr. Anshuman.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in view of the alleged offences under Section 317(5) BNSS and Section 30(a) Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s claim of non‑ownership of the vehicle, lack of arrest, and clean antecedent justify the grant of bail.
  • Whether the conditions of bail bond prescribed under Section 2(1)(d) BNSS, 2023 are appropriate.

Legislation cited

  • B.N.S. — s. 2(1)(d), 317(5), 482(2)

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • BNSS
  • bail bond
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21961 of 2026
                     Arising Out of PS. Case No.-296 Year-2025 Thana- MIRGANJ District- Gopalganj
                 ======================================================
                 Sanju Devi W/o - Manohar Bhagat R/o Village - Peuli, P.S. - Mirganj, Dist. -
                 Gopalganj.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vinod Pandey, Advocate
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   16-04-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Mirganj P.S. Case No. 296 of 2025, dated 07.06.2025,

                   lodged under Section 317(5) of the B.N.S., and under Section

                   30(a) of the Bihar Prohibition and Excise (Amendment) Act,

                   2022.

                                3. As per the prosecution, total recovery of 33.800

                   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 is not the owner of the said

                   alleged vehicle. Counsel further submits that the petitioner was
          Patna High Court CR. MISC. No.21961 of 2026(2) dt.16-04-2026
                                                      2/2




                    neither arrested from the spot nor was anything illicit recovered

                    from her possession. Counsel also submits that the criminal

                    antecedent of the petitioner is clean.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioner.

                                 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

                    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 District and Additional Sessions Judge-IV- cum-

                    Exclusive Special Excise Court-II, Gopalganj, in connection

                    with Mirganj P.S. Case No. 296 of 2025, subject to the

                    conditions as laid down U/s 482(2) of the BNSS, 2023.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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