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Patna High Court

Rajanti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to a Rs.30,000 bail bond and conditions under Section 2(1)(d) and Section 482(2) of the BNSS, 2023.

Summary

Petitioner Rajanti Devi was apprehended for alleged involvement in a case of illicit liquor recovery under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution claimed 11 litres of illicit liquor were recovered, but the petitioner’s counsel argued she had no possession of the liquor, maintained her innocence, and highlighted her clean criminal record. The State opposed her request for anticipatory bail. The Court, considering the facts, granted anticipatory bail for a period of four weeks, subject to a bail bond of Rs.30,000 and conditions under Section 2(1)(d) and Section 482(2) of the Bihar N... (BNSS) 2023, while directing the trial court to verify her antecedents and cancel the bail if any concealment is found. The bail bond acceptance was ordered not to be delayed pending verification.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise (Amendment) Act, 2022 and BNSS 2023.
  • Whether the petitioner’s clean criminal antecedent warrants bail despite the recovery of illicit liquor.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26851 of 2026
                         Arising Out of PS. Case No.-55 Year-2026 Thana- BHELDI District- Saran
                 ======================================================
                 Rajanti Devi Wife of Dilip Nut Resident of Village- Jalalpur, P.S.- Bheldi,
                 District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :       Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   22-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Bheldi P.S. Case No. 55 of 2026, dated 07.02.2026, lodged

                   under Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act, 2022

                                3. As per the prosecution, total recovery of 11 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. He further

                   submits that nothing has been recovered from the possession of

                   the petitioner. Furthermore, he submits that the petitioner is a

                   lady, having clean criminal antecedent.
         Patna High Court CR. MISC. No.26851 of 2026(2) dt.22-04-2026
                                                     2/2




                                5. Learned APP for the State opposes the prayer for

                   bail of the petitioner.

                                6. As such, 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 BNSS, 2023 to the

                   satisfaction     of Additional          Sessions       Judge-cum-Exclusive

                   Special Excise Court No. 1, Saran at Chapra, in connection with

                   Bheldi P.S. Case No. 55 of 2026, subject to the conditions as

                   laid down U/s 482(2) of the BNSS, 2023.

                                7. It is further directed that the Trial Court shall verify

                   the criminal antecedent of the petitioner, and in case it is found

                   at any stage that the petitioner has concealed his criminal

                   antecedent, the Trial Court shall take steps for cancellation of

                   the petitioner’s bail bond. However, the acceptance of the bail

                   bond in terms of the above-mentioned order shall not be delayed

                   for the purpose of or in the name of verification.



                                                                        (Dr. Anshuman, J.)
Aman Kumar/-
U     T


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