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Patna High Court

Sarita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to anticipatory bail as a prima facie case is established and her clean antecedent warrants release.

Summary

Sarita Devi was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 30 litres of illicit country-made liquor recovered from an open area in front of her house. She argued that the liquor was not in her conscious possession and that the recovery was from a public place, not her premises, and highlighted her clean antecedent. The State opposed her request for anticipatory bail. The High Court, after reviewing the facts, found that the petitioner had made out a prima facie case for anticipatory bail given the nature of the allegation and her clean record. Consequently, the Court directed the District Court to release her on anticipatory bail within four weeks of arrest, subject to a bail bond of Rs.10,000 with two sureties and compliance with Section 482 of the Cr.P.C., and to verify any pending criminal cases against her.

Issues considered

  • Whether anticipatory bail should be granted when the alleged contraband was recovered from a public area and not from the accused's possession
  • Whether the clean antecedent of the petitioner warrants bail under Section 30(a) of the Bihar Prohibition and Excise Act
  • Applicability of Section 482 of the Criminal Procedure Code in granting anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • clean antecedent
  • Section 30(a)
  • Section 482 Cr.P.C.
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30500 of 2026
                     Arising Out of PS. Case No.-108 Year-2026 Thana- DEEPNAGAR District- Nalanda
                 ======================================================
                 Sarita Devi W/o Ram Janam Chaudhary R/o Village - Mandachh, P.S -
                 Deepnagar, District - Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pankaj Kumar, Advocate
                 For the Opposite Party/s :       Mr.Md. Shakir Ahmad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   06-05-2026                           Heard Mr. Pankaj Kumar, learned counsel

                   appearing on behalf of the petitioner and Mr. Md. Shakir

                   Ahmad, learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in connection

                   with Deepnagar P.S. Case No. 108 of 2026 attributing Offences

                   Under Section 30 (a) of Bihar Prohibition and Excise Act.

                                3. As per the allegation made in the FIR, the police

                   allegedly recovered 30 litres of country-made liquor concealed

                   beneath the earth in a steel drum and plastic gallon near the

                   house of the petitioner.

                                4. Learned counsel for the petitioner submitted that

                   nothing has been recovered from the conscious possession of

                   the petitioner. The alleged recovery has not been made from the

                   house of the petitioner but from an open place situated in front
Patna High Court CR. MISC. No.30500 of 2026(2) dt.06-05-2026
                                            2/3




          of the house, which is accessible to the general public. The

          petitioner has clean antecedent. On these grounds, the petitioner

          seeks to be released on pre-arrest bail.

                       5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                       6. Having heard the rival submissions made on behalf

          of the parties, as well as, upon perusal of the record, it appears

          that recovery of 30 liters has been made from an open place

          situated in front of the house of the petitioner, which is

          accessible to the general public. Considering the nature of

          allegation and the clean antecedent of the petitioner, I am of the

          opinion that the petitioner has, prima facie, made out a case to

          be released on anticipatory bail.

                       7. The learned District Court is directed to release the

          petitioner on anticipatory bail, in the event of his/her arrest or

          surrender before the learned District Court within a period of

          four weeks from today, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) with two sureties of the like amount each, to the

          satisfaction of learned District Court where the case is pending

          in connection withDeepnagar P.S. Case No. 108 of 2026, subject

          to the condition as laid down under Section 482 of the

          BNSS//438(2) of the Cr.P.C.
           Patna High Court CR. MISC. No.30500 of 2026(2) dt.06-05-2026
                                                       3/3




                                  8. The learned District Court is directed to verify

                     the criminal antecedent of the petitioner, as stated in

                     paragraph no. 3 of the bail application. If any other case is

                     pending against the petitioner, as what has been stated in

                     paragraph no. 3, this order will lose its force automatically.



                                               (Purnendu Singh, J)
Ashishsingh/-

U      T


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