Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court held that anticipatory bail should be granted, subject to a bail bond and verification of the petitioner’s criminal antecedents.
Summary
Anita Devi applied for anticipatory bail in a case (Turki P.S. Case No. 233 of 2024) where the prosecution alleged possession of 10 litres of illicit liquor under Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner argued that no liquor was recovered from her possession, she has a clean criminal record, and she is innocent. The State opposed the bail application. The High Court, after considering the facts, granted anticipatory bail subject to a bond of Rs.30,000 and compliance with conditions under Section 2(1)(d) and Section 482(2) of the BNSS, 2023. The Court also directed the trial court to verify the petitioner’s antecedents and cancel the bail bond if any concealment is discovered.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bihar Prohibition and Excise (Amendment) Act, 2022 and the BNSS, 2023.
- Whether the absence of recovered liquor from the petitioner’s possession justifies grant of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 37
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedent
- bail bond
- Special Excise Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26876 of 2026
Arising Out of PS. Case No.-233 Year-2024 Thana- TURKI KHARARU District-
Muzaffarpur
======================================================
Anita Devi W/o Arun Ram Resident of Village- Chadhua, P.S.- Turki,
District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate
For the Opposite Party/s : Mrs. Asha Kumari, 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 Turki P.S. Case No. 233 of 2024, dated 05.12.2024, lodged
under Sections 30(a) & 37 of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
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. 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.26876 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 Excise Court-II, Muzaffarpur,
in connection with Turki P.S. Case No. 233 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
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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