Patna High Court
Aruna Devi @ Rina DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted as no offence was made out against the petitioner, notwithstanding the Section 76(2) bar, subject to strict conditions.
Summary
Aruna Devi sought anticipatory bail fearing arrest in a case (PS No. 287/2025) alleging offences under sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and section 30(a) of the Bihar Prohibition and Excise Act, based on a police raid that seized 15 litres of country‑made liquor from a paddy field. The petitioner argued that nothing was recovered from her conscious possession and that, despite a prior criminal antecedent, she should not be detained. The State opposed, citing the antecedent and the bar under Section 76(2) of the Excise Act. The court relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019 (2) PLJR 1089), which permits anticipatory bail where no offence is made out despite the statutory bar. Finding no material to suggest the petitioner’s involvement and noting her undertaking to appear, the court granted anticipatory bail with stringent conditions. The order directs release on bail if arrested within four weeks, subject to a bond, sureties and compliance with multiple attendance and conduct conditions.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
- Does the absence of seizure from the petitioner’s conscious possession justify granting anticipatory bail?
- Does a prior criminal antecedent preclude the grant of anticipatory bail?
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- Section 76(2)
- seizure of illicit liquor
- criminal antecedent
- bail conditions
- case law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27875 of 2026
Arising Out of PS. Case No.-287 Year-2025 Thana- DARPA District- East Champaran
======================================================
Aruna Devi @ Rina Devi W/o Mahesh Mukhiya Resident of village -
Baikunth Dham, P.S.- Darpa District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 29-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Darpa P.S. Case No. 287 of 2025 for the
offence under sections 274, 275 and 3(5) of the BNS and section
30(a) of the Bihar Prohibition and Excise Act lodged on
16.11.2025 by the informant, Anuj Kumar.
3. As per the prosecution story, the Police, on secret
information, raided the place and from the paddy field there is
recovery/seizure of 15 liters country-made liquor. This led to the
FIR.
4. Learned counsel for the petitioner submits that
nothing has been recovered from his conscious possession and
only because he has one criminal antecedent, implicated.
5. Further, learned counsel for the petitioner relied on
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the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that he
has criminal antecedent.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has been recovered from his conscious
possession and an undertaking has been given that he will be
diligently appearing in trial, in that background, this Court is
inclined to extend him the privilege of anticipatory bail with
conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Excise Court No. 02,
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East Champaran at Motihari in connection with Darpa P.S. Case
No. 287 of 2025 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every fortnight for six months to mark his
attendance and after the end of the period, the certificate shall be
submitted before the Trial Court failing which steps shall be
taken for the cancellation of the bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
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criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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