Patna High Court
Nirsi DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to bond, sureties and verification of antecedents.
Summary
The petitioners, Nirsi Devi and Suraj Sahni, applied for anticipatory bail in a case registered under Sections 30(a) and 41(1) of the Bihar Excise Act for allegedly recovering five litres of liquor from a public place near the Collectorate in Patna. They argued that they have clean antecedents, were not apprehended at the spot, no liquor was found in their possession, and the FIR does not disclose the informant, casting doubt on the prosecution’s case. The State opposed the bail. The Court, after considering the submissions, ordered that the petitioners be released on bail upon furnishing a bond of Rs. 500 each with two sureties, subject to Section 482(2) of the BNSS and verification of their criminal antecedents by the trial court. The order further provides that if any prior case is discovered, the provisional bail will be revoked; otherwise, the bail will be confirmed. The decision rests on the lack of direct evidence, the public nature of the location, and the petitioners’ clean record.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bihar Excise Act.
- Whether the absence of apprehension and lack of possession of liquor justify bail.
- Whether the lack of disclosure of the informant in the FIR affects the prosecution’s case.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- clean antecedent
- public place
- liquor recovery
- Section 482(2) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23071 of 2026
Arising Out of PS. Case No.-132 Year-2026 Thana- GANDHIMAIDAN District- Patna
======================================================
1. Nirsi Devi W/O Late Chhotu Sahni R/O Anta Ghat Pani Tanki, P.S- Gandhi
Maidan, Dist-Patna.
2. Suraj Sahni S/O Late Chhotu Sahni R/O Anta Ghat Pani Tanki, P.S- Gandhi
Maidan, Dist-Patna.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Prasad Sinha
For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. The petitioners seek bail in a case registered for the
offences punishable under Sections 30(a) and 41(1) of the Bihar
Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.
1 is a woman and allegation is of recovery of 5 liters of liquor
from Anta Ghat near Collectorate boundary, Patna .
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
was recovered from their conscious possession, it is next
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submitted that even alleged recovery is from a place which does
not belong to the petitioners and is accessible to public at large
and they came to be implicated at the instance of local person
but then name of the person who disclosed the name of the
petitioners is not disclosed in the FIR which casts an aspersion
on the case of the prosecution, when petitioners have not been
implicated based on secret information and are persons with
clean antecedent.
5. Learned A.P.P. for the State opposes the bail
application of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, are
directed to be released on bail on furnishing bail bonds of Rs.
500/- (Rupees Five Hundred) each with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with Gandhi
Maidan P.S. Case No. 132 of 2026 subject to the conditions as
laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioners and
in the event if it is found that petitioners have antecedent of
even one case then it would be presumed that petitioners, for the
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purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioners have clean antecedent,
in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Gaurav Sinha/-
U T
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