Patna High Court

Manju DeviversusThe State of Bihar

Decided: 23 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of her antecedent and compliance with the conditions imposed.

Summary

Manju Devi, a resident of Rewan village, was implicated in a case (PS No. 907/2025) under Section 30(a) of the Bihar Excise Act for the alleged recovery of 10 litres of liquor concealed near her house. She pleaded that she has a clean antecedent, is a woman, and that the liquor was not found in her possession nor on her property, but on adjacent land based on secret information. The State opposed her prayer for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs. 500 with two sureties, and directed verification of her criminal antecedent within six weeks. If any antecedent is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances alleged.
Whether the alleged recovery of liquor establishes sufficient grounds for arrest.
Whether the petitioner’s clean antecedent and lack of possession justify granting bail.

Legislation cited

Bihar Negotiable Securities Act — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
Section 30(a)
Section 482(2)
clean antecedent
liquor seizure
high court order
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27433 of 2026
                       Arising Out of PS. Case No.-907 Year-2025 Thana- MASAUDHI District- Patna
                 ======================================================
                 Manju Devi D/o Thalu Manjhi Resident of Village- Rewan, P.S.- Masaurhi,
                 District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raj Kishor Prasad, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 10 liters of liquor from a place near

                   the house of the petitioner concealed under the straw.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from her conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner,

                   but then is adjacent to her house and she came to be implicated
Patna High Court CR. MISC. No.27433 of 2026(2) dt.23-04-2026
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          based on secret information which is the easiest way to

          implicate someone without holding a proper investigation, when

          petitioner admittedly is a person with clean antecedent.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner above-named, in the

          event of her arrest or surrender before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          500/- (Rupees Five Hundred) with two sureties of the like

          amount each to the satisfaction of the learned Trial Court where

          the case is pending/successor court in connection with Masaudhi

          P.S. Case No. 907 of 2025 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioner and in the

          event if it is found that petitioner has antecedent of even one case

          then it would be presumed that petitioner, for the purposes of

          seeking anticipatory bail, had concealed her antecedent before this

          Court, as such, the provisional anticipatory bail order shall not be

          confirmed, but after verification if it is found that petitioner is a

          person with clean antecedent in that event the provisional
            Patna High Court CR. MISC. No.27433 of 2026(2) dt.23-04-2026
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                      anticipatory bail order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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