Patna High Court

Archna KumariversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The petitioner is entitled to anticipatory bail, subject to a bail bond and conditions under the BNSS, 2023.

Summary

The petitioner, Archna Kumari, sought anticipatory bail fearing arrest in an excise case (Sadar Excise P.S. Case No. 339 of 2025) filed under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 concerning 54 litres of illicit liquor. The prosecution alleged the liquor was recovered, but the petitioner’s counsel argued she had no possession, a clean criminal record, and was innocent. The State opposed the bail. The Court, applying the provisions of the Bihar Non‑Serious Substances (BNSS) Act, 2023, particularly Section 2(1)(d) and Section 482(2), granted anticipatory bail on a bond of Rs.30,000, subject to verification of her antecedents by the trial court. The order directed that bail should not be delayed for verification, but the trial court may cancel the bond if a concealed antecedent is discovered. The petition was disposed by granting anticipatory bail.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the BNSS, 2023 in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Whether the conditions imposed under Section 2(1)(d) and Section 482(2) of the BNSS, 2023 are satisfied.

Subjects

anticipatory bail
excise law
illicit liquor
Section 30(a)
Section 482
BNSS 2023
bail bond
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26857 of 2026
                     Arising Out of PS. Case No.-339 Year-2025 Thana- Excise P.S. District- Madhubani
                 ======================================================
                 Archna Kumari wife of Ajay Kumar Yadav Resident of village- Kataiya Ward
                 no. 07, Ps- Basopatti, Dist- Madhubani
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bhavesh Kumar Sah, Advocate
                                                   Mrs. Archna Aanand, Advocate
                 For the Opposite Party/s :        Mr. Akbar Ali, 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 Sadar Excise P.S. Case No. 339 of 2025, dated 05.10.2025,

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

                   (Amendment) Act, 2022.

                                3. As per the prosecution, total recovery of 54 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.26857 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 Exclusive Special Judge Excise Act, Madhubani,

                   in connection with Sadar Excise P.S. Case No. 339 of 2025,

                   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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