Patna High Court
Anita deviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted under the Bihar Prohibition and Excise Act even where Section 76(2) bars bail, provided the allegations do not constitute an offence and the accused lacks conscious possession.
Summary
Anita Devi, fearing arrest under section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 12 litres of country‑made liquor seized near a Hanuman temple, filed an application for anticipatory bail. The prosecution alleged that the liquor was recovered on the basis of secret information and that the complainant (chowkidar) identified her. The petitioner contended that the liquor was recovered from an open place, she had no conscious possession and no prior criminal record. Relying on the Patna High Court’s decision in Ram Vinay Yadav v. State of Bihar, which held that anticipatory bail can be granted despite the bar in Section 76(2) if the FIR does not disclose a cognizable offence, the court was persuaded. The court granted anticipatory bail with a bail bond of Rs 10,000 and six specific conditions, ordering release upon arrest or surrender within four weeks.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act notwithstanding the bar in Section 76(2).
- Whether the recovery of liquor from an open place amounts to ‘possession’ under section 30(a) of the Act.
- Whether the petitioner’s lack of criminal antecedent influences the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- possession
- seizure of liquor
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30594 of 2026
Arising Out of PS. Case No.-821 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Anita devi Wife of Late channu sah Resident of village- Nahapur, Ps-
Muffasil, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Adv.
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 18-05-2026 Heard the parties.
2. The petitioner is apprehending his arrest in connection
with Muffasil P.S. Case No. 821 of 2025 for the offence under
sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution story, the Police on secret
information, reached near the Hanuman Temple and there is
recovery/seizure of 12 liter country made liquor near the bushes. This
led to the FIR.
4. Learned counsel for the petitioner submits that
admittedly, the recovery is from an open place and not from
conscious possession and he do not have criminal antecedent.
5. Further, learned counsel for the petitioner relied on the
judgment of the Full Bench of Hon’ble Patna High Court in the case
of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR
Patna High Court CR. MISC. No.30594 of 2026(2) dt.18-05-2026
2/3
1089 wherein it has been held that an application for anticipatory bail
in a case arising out of Bihar Excise and Prohibition Act can be
maintained, despite the bar under Section 76(2) of the Act, if on the
basis of allegation made in the FIR, no offence under the said
provision is made out.
6. Learned APP opposes the prayer submitting that the
Chowkidar has named him.
7. Taking into account the submissions of the parties and
the judgment in the case of Ram Vinay Yadav (supra), as also that
he do not have criminal antecedent and recovery is from an open
place, in that background, this Court is inclined to extend him the
privilege of anticipatory bail with conditions.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the receipt of
this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of like amount each to the satisfaction of learned
Special, Excise Court No. 1, East Champaran at Motihari in
connection with Muffasil P.S. Case No. 821 of 2025 subject to the
following conditions:
(i) one of the bailor should be the family member/relative
of the petitioner who shall provide official document to show his/her
bona fide;
(ii) the petitioner(s) shall be appearing before the Police
Station as and when required for co-operating in the investigation;
Patna High Court CR. MISC. No.30594 of 2026(2) dt.18-05-2026
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(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive dates
without plausible reason will entail cancellation of his bail bond by
the Trial Court itself;
(iv) the petitioner shall appear before the concerned police
station every fortnight for six months to mark his attendance and
after the end of the period, the certificate shall be submitted before
the Trial Court failing which steps shall be taken for the cancellation
of the bail bonds;
(v) the petitioner shall in no way try to induce or promise
or threat the witnesses or tamper with the evidences, failing which
the State shall be at liberty to take steps for cancellation of the bail
bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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