Patna High Court
Rita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail is denied.
Summary
Rita Devi sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 10 litres of illicit liquor. The prosecution alleged recovery of the liquor, but none was found in her possession. The petitioner claimed innocence and highlighted that a separate criminal case of a similar nature was already pending against her. The State opposed the bail, arguing the pending case and the seriousness of the offence. The Patna High Court declined to grant anticipatory bail, directing the petitioner to surrender within six weeks and instructing the trial court to consider her bail application on merits, noting her gender and lack of recovery from her possession.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence and a pending similar case.
Subjects
- anticipatory bail
- prohibition and excise
- illicit liquor
- bail jurisprudence
- Criminal Procedure Code
- gender considerations
- pending criminal case
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26866 of 2026
Arising Out of PS. Case No.-52 Year-2026 Thana- SANDESH District- Bhojpur
======================================================
Rita Devi W/O Late Nagendra Chaudhary R/O Vill.- Sandesh Ward no. 12,
P.S.- Sandesh, Dist.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shiv Prasad Gupta, Advocate
For the Opposite Party/s : Mr. Braj Kishore Pd.(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 Sandesh P.S. Case No. 52 of 2026, dated 23.02.2026,
lodged under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022, pending before the Court of Exclusive
Special Excise Court No. II, Bhojpur at Ara.
3. As per the prosecution, total recovery of 10 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. Counsel
further submits that nothing has been recovered from the
possession of the petitioner. Counsel also submits that the
criminal antecedent of the petitioner is not clean, as one
Patna High Court CR. MISC. No.26866 of 2026(2) dt.22-04-2026
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criminal case is pending against her.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that one case of the same
nature is pending against the petitioner.
6. In the present facts and circumstances, this Court is
not inclined to grant anticipatory bail to the petitioner.
Accordingly, the prayer for anticipatory bail of the petitioner is
hereby rejected.
7. It is directed to the petitioner to surrender before
the Trial Court within a period of 6 weeks from today. In case,
the petitioner surrenders within six weeks, then the Trial Court
is directed to pass order on her surrender-cum-bail application
on the same day without being prejudice that the anticipatory
bail of the petitioner has been rejected by this Court and the
Trial Court shall pass orders on the merits of this case,
considering that the petitioner is a female and recovery has not
been made from her possession.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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