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Patna High Court

Sanjhali Devi @ Most. Hanju @ Masomat Sanjhali Devi @ Most. SanjhaliversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to anticipatory bail, subject to conditions, as the allegations are based on suspicion, there is no recovery from her possession, and she has a clean antecedent.

Summary

The petitioner, Sanjhali Devi, was named in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged possession of 20 litres of illicit liquor recovered from an open house. She contended that nothing was found in her conscious possession, that the allegation was based solely on suspicion and village politics, and that she has a clean antecedent. The State opposed her bail. The High Court, considering the lack of direct possession, her age, clean record, and the speculative nature of the accusation, granted her anticipatory bail on the condition of furnishing a Rs.30,000 bail bond under Section 2(1)(d) of the B.N.S.S., 2023 and compliance with Section 482(2) of the same Act. The Court directed the trial court to verify any criminal antecedent and to cancel the bail if concealment is discovered. The order thus releases the petitioner from arrest for four weeks, subject to the stipulated conditions.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Prohibition and Excise Act, 2016.
  • Whether the circumstances of alleged recovery and the petitioner’s antecedent justify granting bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • political victimisation
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22686 of 2026
                        Arising Out of PS. Case No.-23 Year-2026 Thana- SIMRAHA District- Araria
                 ======================================================
                 Sanjhali Devi @ Most. Hanju @ Masomat Sanjhali Devi @ Most. Sanjhali
                 Wife of Late Binod Murmu R/O Village- Kurwa Laxmipur Ward, No. 10,
                 P.S.- Simraha, Distt.- Araria State- Bihar

                                                                                   ... ... Petitioner/s

                                                        Versus

                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Madhav Jha, Advocate
                 For the Opposite Party/s :        Mr. Dr. Kumar Uday Pratap, 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 Simraha P.S. Case No. 23 of 2026 lodged on 27.01.2026,

                   for the offence punishable under section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016.

                                3. As per the prosecution, FIR has been lodged against

                   four named accused persons including the present petitioner.

                   Total recovery of 20 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
Patna High Court CR. MISC. No.22686 of 2026(2) dt.16-04-2026
                                            2/3




          submits that nothing has been recovered from the conscious

          possession of the petitioner and the alleged recovery has been

          made from a house which is situated at open place. Counsel

          further submits that the name of the petitioner has figured in this

          case only on the basis of suspicion and dirty village politics.

          Counsel further submits that the petitioner is a lady aged about

          52 years, having clean antecedent.

                       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 B.N.S.S., 2023 to the satisfaction of Exclusive

          Special Judge-I Excise Court, Araria, in connection with

          Simraha P.S. Case No. 23 of 2026, subject to the conditions as

          laid down U/s 482(2) of the B.N.S.S., 2023.

                       7. The Trial Court is directed to verify the criminal

          antecedent(s) of the petitioner, and in case, it is found at any

          stage that the petitioner has concealed the fact about her

          criminal antecedent(s), the Trial Court shall take steps for
             Patna High Court CR. MISC. No.22686 of 2026(2) dt.16-04-2026
                                                         3/3




                       cancellation of bail bond of the petitioner. However, the

                       acceptance of the bail bonds in terms of the above-mentioned

                       order shall not be delayed for the purpose of or in the name of

                       verification.



                                                                       (Dr. Anshuman, J)
Divyansh/-

U      T


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