Patna High Court

Radha DeviversusThe State of Bihar

Decided: 24 April 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond and conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS, 2023.

Summary

The petitioner, Radha Devi, sought anticipatory bail after an FIR alleged that 9.75 litres of liquor were recovered from her residence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. She contended that the seizure list lacked her family’s signature, there was no independent witness, and the liquor was found in a joint family house, not in her personal possession, and she has no criminal record. The State opposed the bail on the basis of the FIR allegations. The Court, after considering the facts, granted anticipatory bail, directing that she be released on a bail bond of Rs. 10,000 with two sureties, within four weeks of the order, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order ensures her release if arrested or if she surrenders, pending trial.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. and Section 482 BNSS in view of the alleged offence under the Bihar Prohibition and Excise Act, 2016.
Whether the seizure of liquor from a joint family house without the petitioner’s signature or an independent witness justifies denial of anticipatory bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 — s. 482(2)
Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
Section 30(a)
Bihar Prohibition and Excise Act
liquor seizure
joint family property
Section 438 Cr.P.C.
Section 482 BNSS
bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25937 of 2026
                      Arising Out of PS. Case No.-25 Year-2026 Thana- MAHALGAON District- Araria
                 ======================================================
                 Radha Devi W/o- Pankaj Bishwas R/v- Borail W.No-8, Ps- Mahalgaon Dist-
                 Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mukesh Kumar Rana, Advocate
                 For the Opposite Party/s :       Mr. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   24-04-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016.

                                3. The allegation in the First Information Report is

                   that 9.750 litres of liquor has been recovered from the

                   petitioner’s house.

                                4. Learned counsel for the petitioner submits that

                   there is no signature of the petitioner’s family on the seizure list

                   and also there is no independent witness to the same. It is

                   submitted that the recovery is from the house which is a joint

                   family property. There is no recovery from the personal or

                   conscious possession of the petitioner. The petitioner is a lady
            Patna High Court CR. MISC. No.25937 of 2026(2) dt.24-04-2026
                                                        2/2




                      having no criminal antecedent.

                                   5.    Learned APP for the State opposed the prayer for

                      anticipatory bail on the basis of allegations made in the First

                      Information Report.

                                   6.    Taking      into     consideration   the   facts   and

                      circumstances of the case, let the above named petitioner, be

                      released on bail, in the event of her arrest or surrender before the

                      learned Court below within a period of four weeks from today,

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

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

                      the learned Court below where the case is pending/successor

                      Court in connection with Mahalgaon P.S. Case No. 25 of 2026,

                      subject to the condition as laid down under Section 438 (2) of

                      the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha

                      Sanhita (BNSS), 2023.



                                                (Soni Shrivastava, J)
anand/-
U       T

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