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Patna High Court

Mintu DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted as the seizure was not from the petitioner’s conscious possession and no offence under Section 30(a) is made out, subject to prescribed conditions.

Summary

Mintu Devi sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Prohibition and Excise Act after police seized 8 litres of country‑made liquor from an open area outside her house. She contended that the liquor was not in her conscious possession, she had no criminal antecedent, and relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar which allows anticipatory bail despite the bar in Section 76(2) if no offence is established. The State argued the seizure was near her door, implying her involvement. The High Court, considering the precedent and the petitioner’s circumstances, granted anticipatory bail with a cash bond and several conditions, reserving the right to cancel the bail if facts change. The order remains effective for four weeks from issuance.

Issues considered

  • Can anticipatory bail be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when the alleged seizure is not from the petitioner’s conscious possession?
  • Do the facts alleged in the FIR constitute an offence under Section 30(a) of the Act?
  • Do the petitioner’s lack of criminal antecedent and gender merit the grant of anticipatory bail?

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • section 76(2)
  • seizure of liquor
  • possession
  • criminal antecedent
  • bail conditions
  • women

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25859 of 2026
                     Arising Out of PS. Case No.-101 Year-2026 Thana- DEEPNAGAR District- Nalanda
                 ======================================================
                 Mintu Devi w/o Shankar Kewat Resident of Village- Takiyapar, P.S.-
                 Deepnagar, District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raj Kishor Prasad, Advocate
                 For the Opposite Party/s :       Mr. Manoj Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   22-04-2026                  Heard the parties.

                                2. The petitioner is apprehending her arrest in

                   connection with Deepnagar P.S. Case No. 101 of 2026 for the

                   offence under sections 30(a) of the Bihar Prohibition and

                   Excise Act lodged on 23.02.2026 by the informant,

                   Ramnarayan Harijan.

                                3. As per the prosecution story, the Police, on secret

                   information, raided the place and outside the house of the

                   petitioner, 8 liters of country-made liquor recovered/seized.

                   This led to the FIR.

                                4. Learned counsel for the petitioner submits that a

                   perusal of the FIR would show that nothing has been recovered

                   from her conscious possession and/or the house rather from the
Patna High Court CR. MISC. No.25859 of 2026(2) dt.22-04-2026
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          open place and she do not have any criminal antecedent.

                       5. Further, learned counsel for the petitioner relied

          on the judgment of the Full Bench of Hon’ble Patna High

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

          reported in 2019 (2) PLJR 1089 wherein it has been held that

          an application for anticipatory bail in a case arising out of

          Bihar Excise and Prohibition Act can be maintained, despite

          the bar under Section 76(2) of the Act, if on the basis of

          allegation made in the FIR, no offence under the said provision

          is made out.

                       6. Learned APP opposes the prayer submitting that

          the recovery/seizure is from near the door of the petitioner’s

          house.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that she is a lady, recovery is not from her conscious

          possession and she do not have any criminal antecedent, in that

          background, this Court is inclined to extend her the privilege

          of anticipatory bail with conditions.

                       8. If, however, it is found that contrary to the

          statement made in paragraph-3, the petitioner has criminal

          antecedent, the present order shall become infructuous.
Patna High Court CR. MISC. No.25859 of 2026(2) dt.22-04-2026
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                       9. Let the petitioner be released on bail in the event

          of arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of like amount each to the

          satisfaction of learned District & Addl. Sessions Judge-V-cum-

          Special Judge, (Excise-I), Biharsharif, Nalanda in connection

          with Deepnagar P.S. Case No. 101 of 2026 subject to the

          following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document to show his/her bona fide;

                       (ii) the petitioner shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the petitioner shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive dates without plausible reason will entail

          cancellation of her bail bond by the Trial Court itself;

                       (iv) the petitioner shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;
          Patna High Court CR. MISC. No.25859 of 2026(2) dt.22-04-2026
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                                 (v) the petitioner shall desist from committing any

                    criminal offence again, failing which the State shall be at

                    liberty to take steps for cancellation of her bail bonds.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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