Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is denied.
Summary
The petitioner, Anita Devi, sought anticipatory bail in a case involving the alleged recovery of 25 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution alleged her involvement, while her counsel argued she was innocent, not apprehended at the spot, and had no illicit liquor in her possession. The State opposed bail, highlighting her pending criminal antecedent. The Patna High Court, after hearing both sides, declined to grant anticipatory bail, directing her to surrender to the trial court within six weeks. The trial court was instructed to consider any surrender‑cum‑bail application on its merits without prejudice from this order.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the alleged illicit liquor offence and her pending criminal antecedent?
Legislation cited
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22607 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- Manuapul District- West Champaran
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Anita Devi Wife of Bhola Chaudhary Resident of Village Gurwaliya Shivala
Tola, P.S.- Manuapul, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Gupta, Advocate
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, 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 Manuapul P.S. Case No. 35 of 2026, dated 18.02.2026,
lodged under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022, pending before the Court of Special
Judge Excise- 1st, Bettiah, West Champaran.
3. As per the prosecution, total recovery of 25 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 was neither apprehended from
the spot nor was anything illicit recovered from her possession.
Patna High Court CR. MISC. No.22607 of 2026(2) dt.16-04-2026
2/2
Counsel also submits that the criminal antecedent of the
petitioner is not clean, as there is one criminal case pending
against her.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the criminal antecedent of
the petitioner is not clean.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
7. It is directed to the petitioner to surrender before
the Trial Court within a period of 6 weeks from today. In case,
the petitioner surrenders within six weeks, then the Trial Court
is directed to pass order on his surrender-cum-bail application
on the same day without being prejudice that the anticipatory
bail of the petitioner has been rejected by this Court and the
Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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