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Patna High Court

Arti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail is appropriate as no liquor was recovered from the petitioner’s possession and she has a clean antecedent, granting bail subject to conditions.

Summary

Arti Devi was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 150 litres of Mahua liquor, which was seized from a CNG auto and a motorcycle she owned. She applied for anticipatory bail, arguing that no liquor was found in her conscious possession and that she has a clean criminal record. The State opposed the bail, invoking Section 76(2) of the same Act which restricts pre‑arrest bail. The Patna High Court, relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, held that the absence of possession and her clean antecedent justified granting anticipatory bail. The court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, including cooperation with the trial and no tampering with evidence.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC when the offence is punishable under Section 30(a) of the Bihar Prohibition and Excise Act despite Section 76(2) restricting pre‑arrest bail.
  • Whether ownership of the vehicle from which liquor was recovered makes the owner liable as an accused.
  • Whether the lack of recovery of liquor from the petitioner’s conscious possession warrants bail.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition law
  • excise
  • Section 30
  • Section 76
  • bail conditions
  • vehicle ownership
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23717 of 2026
                      Arising Out of PS. Case No.-39 Year-2026 Thana- MALSALAMI District- Patna
                 ======================================================
                 Arti Devi W/o Jai Sahani @ Jay Sahni R/o Village- Sukumarpur, P.O-
                 Raghopur, P.S- Raghopur, Dist- Vaishali.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Ranjan, Advocate
                 For the Opposite Party/s :      Ms. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   23-04-2026                    Heard Mr. Ravi Ranjan, learned counsel for the

                   petitioner and Ms. Asha Devi, learned Additional Public

                   Prosecutor for the State.

                                   2. The petitioner is apprehending her arrest in

                   connection with Malsalami P.S. Case No. 39 of 2026, F.I.R

                   dated 22.01.2026 registered for the offences punishable under

                   Section 30(a) of Bihar Prohibition and Excise Act.

                                   3. Recovery is of 150 liters of country made Mahua

                   liquor.

                                   4. Learned counsel for the petitioner submits that

                   the petitioner has clean antecedent and she has falsely been

                   implicated in the present case. He further submits that it appears

                   from the F.I.R that nothing has been recovered from the

                   conscious possession of the petitioner rather the recovery has
Patna High Court CR. MISC. No.23717 of 2026(2) dt.23-04-2026
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          been made from a green C.N.G auto bearing Reg. No.

          BR01PA3825 and one Hero Honda Bike bearing Reg. No.

          BR01HH7849 and petitioner has been made accused merely on

          the basis that she is the owner of the motorcycle in question and

          one Rama Kumar was apprehended at the place of occurrence.

          He next submits that the petitioner has no concern at all with the

          alleged recovery of liquor or the co-accused person. No case,

          whatsoever, would be made out against the petitioner under the

          Bihar Prohibition and Excise Act.

                          5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for anticipatory bail of the

          petitioner referring the provision contained in Section 76(2) of

          the Bihar Prohibition and Excise Act and submitted that the pre-

          arrest bail would not be maintainable.

                          6. This court is aware of the decision of the Full

          Bench in the case of Ram Vinay Yadav vs. State of Bihar

          reported in 2019(2) P.L.J.R. 1089. Having regard to the law laid

          down in the aforesaid judgment and the submission advanced on

          behalf of the parties, this Court, for the limited purpose of grant

          of anticipatory bail, is inclined to accept the submission of

          counsel for the petitioner.

                          7. Considering the aforesaid facts, nothing has been
Patna High Court CR. MISC. No.23717 of 2026(2) dt.23-04-2026
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          recovered from conscious possession of the petitioner and the

          petitioner has clean antecedent and she has been made accused

          merely on the basis that she is the owner of the motorcycle in

          question, let the petitioner, above named, in the event of her

          arrest or surrender before the court below within a period of

          thirty days from the date of receipt of the order, be released on

          bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

          with two sureties of the like amount each to the satisfaction of

          the learned Exclusive Special Court of Excise, Patna City, Patna

          in connection with Malsalami P.S. Case No. 39 of 2026, subject

          to the conditions as laid down under Section 438(2) of the Code

          of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

          Suraksha Sanhita and with other following conditions:-

                          i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on her absence on two consecutive dates without sufficient

          reason, her bail bond shall be cancelled by the Court below.

                          ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       iii. And further condition that the court below shall
            Patna High Court CR. MISC. No.23717 of 2026(2) dt.23-04-2026
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                      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 court below 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 delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Suruchi/-

U      T


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