Patna High Court

Anita DeviversusThe State of Bihar

Decided: 29 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted subject to bond, sureties, and verification of antecedents under Section 482(2) of the B.N.S.S.

Summary

Anita Devi, a woman with no prior criminal record, sought anticipatory bail after learning that she might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, concerning the alleged recovery of 50 litres of liquor from a public area near a fish shop. She argued that the liquor was not in her possession, the location was publicly accessible, and the FIR did not disclose the informant’s name, casting doubt on the prosecution’s case. The State opposed the bail. The Court, considering her clean antecedent and the lack of direct possession, granted provisional anticipatory bail on the condition of a Rs.500 bond with two sureties, subject to verification of her antecedents under Section 482(2) of the B.N.S.S. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed immediately.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged liquor possession and clean antecedent.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)
B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
clean antecedent
liquor seizure
public place
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28385 of 2026
                       Arising Out of PS. Case No.-273 Year-2026 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Anita Devi W/o Surendra Sahani @ Surendra Sahni @ Raghu Babu Resident
                 of Mohalla - Gosai ghat, Near Machhali Market, P.S - Alamganj, District -
                 Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Shanker Pankaj
                 For the Opposite Party/s :       Mr. Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-04-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2016.

                                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 50 litres of liquor from a place near

                   a fish shop. It is next submitted that petitioner was not arrested

                   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 and is accessible to public at

                   large and she came to be implicated at the instance of local
Patna High Court CR. MISC. No.28385 of 2026(2) dt.29-04-2026
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          person but then the name of the person who disclosed the name

          of the petitioner is not disclosed in the FIR which casts an

          aspersion on the case of the prosecution, when petitioner

          admittedly is a person with clean antecedent.

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

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

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

          event of her arrest or surrender 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 Alamganj P.S. Case No.273/2026, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

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

          case, in that event, it would be presumed that petitioner had

          concealed her antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner is a person with clean
             Patna High Court CR. MISC. No.28385 of 2026(2) dt.29-04-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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