Patna High Court
Poonam DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a Rs.30,000 bond and conditions under the BNSS, 2023 and Section 482(2).
Summary
The petitioner, Poonam Devi, sought anticipatory bail fearing arrest in a case (Hisua P.S. Case No. 17 of 2024) filed under Sections 30(a) and 41 of the Bihar Prohibition and Excise (Amendment) Act, 2022 concerning the alleged recovery of 20 litres of illicit liquor. The prosecution alleged that the liquor was linked to a vehicle owned by the petitioner, while she contended that she had no possession of the liquor and had transferred the vehicle as a gift to her son‑in‑law. The State opposed the bail application. The Court, after hearing counsel, granted anticipatory bail on the condition of furnishing a bail bond of Rs.30,000 under Section 2(1)(d) of the Bihar Negotiable Security and Surrender (BNSS) Act, 2023, and subject to the provisions of Section 482(2) of the same Act. The Court also directed the trial court to verify the petitioner’s criminal antecedent and to cancel the bail bond if any concealment is discovered. The order allows the petitioner to be released on anticipatory bail if arrested or surrendered within four weeks of the order.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022
- Whether the conditions imposed under the BNSS, 2023 and Section 482(2) are sufficient to justify granting anticipatory bail
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- BNSS Act
- Section 482
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26871 of 2026
Arising Out of PS. Case No.-17 Year-2024 Thana- HISUWA District- Nawada
======================================================
Poonam Devi W/O Jitendra Choudhary R/O Village- Near Milon Telecom,
Shiv Nagar, Postmartam Road, Gondapur, Distt-Nawada, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rishav Dev, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, 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 Hisua P.S. Case No. 17 of 2024, dated 12.01.2024, lodged
under Sections 30(a) & 41 of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. As per the prosecution, total recovery of 20 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
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the petitioner. Furthermore, he submits that the petitioner is a
lady, having clean criminal antecedent. Counsel also submits
that the petitioner’s name has figured in this case merely on the
basis of ownership of the alleged vehicle. However, the
petitioner has stated in paragraph 7 of the bail application that
she has transferred the alleged motorcycle by way of gift in
favour of her son-in-law.
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 Court Excise 1, Nawada, in
connection with Hisua P.S. Case No. 17 of 2024, 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
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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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