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Patna High Court

Gayatri DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to provisional anticipatory bail given the absence of possession, lack of informant disclosure, and her clean antecedent, subject to verification of antecedent under Section 482(2) of the BNSS.

Summary

Gayatri Devi sought anticipatory bail after the police registered a case under Sections 30(a) and 41(i) of the Bihar Excise Act alleging recovery of 26 litres of liquor from a wall of Vikas Bhawan, a public place. The petitioner argued she had no possession of the liquor, the alleged location did not belong to her, and the FIR omitted the informant’s name, casting doubt on the prosecution’s case. The State opposed the bail. The court noted the petitioner’s clean antecedent, lack of direct possession, and the procedural irregularity, and therefore granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of her antecedent under Section 482(2) of the BNSS. The order stipulated that if any antecedent is discovered, the bail would be cancelled; otherwise it would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under the Bihar Excise Act where no liquor was found in her possession.
  • Whether the omission of the informant’s name in the FIR affects the validity of the prosecution’s case.
  • Whether the petitioner’s clean antecedent warrants the grant of provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • clean antecedent
  • public place
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28420 of 2026
                    Arising Out of PS. Case No.-592 Year-2025 Thana- GANDHIMAIDAN District- Patna
                 ======================================================
                 Gayatri Devi W/O Mukhtar Sahni @ Moktar Sahni R/O Antaghat Jhopadpatti,
                 P.S-Gandhi Maidan, District- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Dhirendra Prasad Sinha
                 For the Opposite Party/s :      Mr.Kanhiya Kishor
                 ======================================================
                 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 offences punishable under Sections 30(a) and

                   41(i) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

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

                   allegation is of recovery of 26 litres of liquor from a place inside

                   the wall of Vikas Bhawan near Bankipur Club.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from her conscious possession and even the 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
Patna High Court CR. MISC. No.28420 of 2026(2) dt.29-04-2026
                                            2/3




          implicated at the instance of local people, 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 has not been implicated based on

          secret information.

                   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 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 Gandhi Maidan P.S. Case No. 592 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
              Patna High Court CR. MISC. No.28420 of 2026(2) dt.29-04-2026
                                                          3/3




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

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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