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Patna High Court

Sangita Devi @ Sangita RaniversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that anticipatory bail should be granted to the petitioner subject to a bail bond of Rs.30,000 and the conditions prescribed under Section 482(2) of the B.N.S.S., 2023.

Summary

The petitioner, Sangita Devi, sought anticipatory bail fearing arrest in a case (PS Case No. 1091 of 2024) concerning alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, where 174 litres of illicit liquor was seized. The FIR was lodged against an unknown person and the petitioner’s name appeared only because she is the registered owner of the vehicle from which the liquor was recovered. She argued that no liquor was found in her conscious possession, she has a clean antecedent, and she was not named in the FIR. The State opposed the bail, contending the seriousness of the offence. The Court, applying Section 2(1)(d) of the Bihar Narcotic Substances (B.N.S.S.) Act, 2023 and the conditions of Section 482(2) of the same Act, granted anticipatory bail on a bond of Rs.30,000, directing the trial court to verify her antecedents and cancel the bail if any concealment is discovered. The order also directed that verification should not delay the acceptance of the bail bond.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the Bihar Prohibition and Excise (Amendment) Act, 2022 and the B.N.S.S., 2023.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S., 2023 are applicable to this case.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • excise law
  • Bihar Prohibition and Excise Act
  • B.N.S.S. 2023
  • Section 30(a)
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30150 of 2026
                     Arising Out of PS. Case No.-1091 Year-2024 Thana- AGAMKUAN District- Patna
                 ======================================================
                 Sangita Devi @ Sangita Rani W/o Subhash Malakar Resident of Village-
                 Kasah Latauna, Ward no 03, Post- Latauna, PS- Triveniganj, District- Supaul

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shekhar Kumar Singh, Adv.
                 For the Opposite Party/s :      Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   06-05-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Agam Kuan P.S. Case No. 1091 of 2024 lodged on

                   25.12.2024, for the offence punishable under section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. As per the prosecution, FIR has been lodged against

                   unknown person. Total recovery of 174 litres of illicit liquor has

                   been made, which is the subject matter of the present case.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has committed no offence. Counsel

                   submits that nothing has been recovered from the conscious

                   possession of the petitioner and the alleged recovery has been
Patna High Court CR. MISC. No.30150 of 2026(2) dt.06-05-2026
                                            2/3




          made from a vehicle. He submits that the petitioner is not named

          in the FIR and her name has come in this case during the course

          of investigation and the petitioner is said to be the owner of the

          seized vehicle. Counsel further submits that the petitioner has

          clean antecedent.

                       5. Learned APP for the State opposes the prayer for

          bail of the petitioner.

                       6. In the present facts and circumstances of this case,

          let the above named petitioner be released on anticipatory bail,

          in the event of arrest or surrender before the Trial Court within a

          period of 4 weeks from today, on furnishing bail bond of

          Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section

          2(1)(d) of the B.N.S.S., 2023 to the satisfaction of Exclusive

          Special Court of Excise cum Special Judge Excise, Patna City,

          Patna, in connection with Agam Kuan P.S. Case No. 1091 of

          2024, subject to the conditions as laid down U/s 482(2) of the

          B.N.S.S., 2023.

                       7. The Trial Court is directed to verify the criminal

          antecedent(s) of the petitioner, and in case, it is found at any

          stage that petitioner has concealed the fact about her criminal

          antecedent(s), the Trial Court shall take steps for cancellation of

          bail bond of the petitioner. However, the acceptance of the bail
             Patna High Court CR. MISC. No.30150 of 2026(2) dt.06-05-2026
                                                         3/3




                       bonds in terms of the above-mentioned order shall not be

                       delayed for the purpose of or in the name of verification.



                                                                      (Dr. Anshuman, J)
Divyansh/-

U      T


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