Patna High Court

Madhuri DeviversusThe State of Bihar

Decided: 7 May 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court ordered provisional anticipatory bail with bond and sureties, subject to verification of antecedents.

Summary

Madhuri Devi sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. She has two prior criminal cases, one involving alleged recovery of 10 litres of liquor from a bush near her house, with no arrest at the spot and no possession recovered. The FIR omitted the names of the informant and chowkidar, raising doubts about the prosecution's case. The State opposed the bail. The Court granted provisional anticipatory bail on a bond of Rs.10,000 with two sureties, subject to verification of her criminal antecedents under Section 482(2) of the CrPC, confirming bail only if she has exactly two prior cases.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances
Whether the conditions imposed under Section 482(2) of the CrPC are appropriate

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
bail conditions
Section 30
Bihar Prohibition and Excise Act
Criminal Procedure Code
criminal antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31067 of 2026
                  Arising Out of PS. Case No.-99 Year-2026 Thana- CHANPATIA District- West Champaran
                 ======================================================
                 Madhuri Devi W/O Ganesh Ram R/O Baheliya Tola, ward no. 14, P.S.-
                 Chanpatiya, District- West Champaran, Bettiah.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brajesh Kumar Singh
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-05-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of two cases, out of which, one case is

                   under the Excise Act and allegation is of recovery of 10 litres of

                   liquor from a bush near the house of the petitioner. It is next

                   submitted that petitioner was not arrested from the spot as such

                   nothing was recovered from his conscious possession and even

                   alleged recovery is from a place which does not belong to the

                   petitioner but then is adjacent to his house and he came to be

                   implicated at the instance of local person and chowkidar but
Patna High Court CR. MISC. No.31067 of 2026(2) dt.07-05-2026
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          then the then the name of local person and chowkidar, who

          disclosed the name of the petitioner is not disclosed in the FIR

          which casts an aspersion on the case of the prosecution.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       5. 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.10,000/- (Rupees ten 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 Chanpatiya P.S. Case No.99/2026, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of more than

          two cases, in that event, it would be presumed that petitioner

          had concealed her antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if

          on verification it is found that petitioner has antecedent of two
             Patna High Court CR. MISC. No.31067 of 2026(2) dt.07-05-2026
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                       cases, in that event the provisional anticipatory bail order shall

                       be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T

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