Patna High Court
Gayatri DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act — s. 482(2)
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
Checking your session…