Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The High Court granted provisional anticipatory bail subject to bond, sureties, and verification of antecedent, with confirmation contingent on the antecedent check.
Summary
The petitioner, Manju Devi, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for alleged recovery of 20 litres of liquor from a public place. She argued that she was not arrested at the spot, nothing was recovered from her possession, and the alleged contraband was located on land she does not own. The State opposed the bail, citing her six prior excise cases. The High Court, considering the submissions, granted provisional anticipatory bail on a bond of Rs.30,000 with two sureties, subject to verification of her criminal antecedent within six weeks. The court stipulated that if more than six prior cases are found, the bail would be presumed concealed and the order would not be confirmed; otherwise, the provisional bail would be confirmed. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the absence of recovery from the petitioner’s possession and the public nature of the alleged contraband affect the grant of anticipatory bail.
- Whether the court may condition anticipatory bail on verification of the petitioner’s prior criminal antecedents.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- criminal antecedent
- high court inherent powers
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29678 of 2026
Arising Out of PS. Case No.-253 Year-2026 Thana- ALAMGANJ District- Patna
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Manju Devi W/o Late Sanjay Choudhary R/o Hanuman Ghat, P.S.- Alamganj,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar Singh
For the Opposite Party/s : Mr.Rana Randhir Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 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 the
petitioner has antecedent of six cases under the Excise Act and
is a woman and allegation is of recovery of 20 litres of liquor
from a place near a Banyan tree near Hanuman Ghat.
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
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implicated at the instance of local people, but then it is
submitted that once an accused is implicated in a case relating to
excise, the police starts implicating mechanically either at the
instance of Chowkidar, local person, confessional statement or
secret information without holding a proper investigation.
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. 30,000/- (Rupees
Thirty Thousand) 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. 253 of 2026, 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 more than six
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
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confirmed, but after verification if it is found that petitioner has
antecedent of six cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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