Patna High Court

Gita DeviversusThe State of Bihar

Decided: 13 May 2026
Disposal: BAIL REJECTED
Bench: PARTHA SARTHY

Holding

The court denied the petitioner's application for anticipatory bail.

Summary

Gita Devi applied for anticipatory bail in a 2018 excise case (PS No. 294) under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that no incriminating material was found on her person or premises and that she was falsely implicated. The prosecution alleged that a search recovered 30 litres of semi‑fermented liquor, 180 litres of raw material and various manufacturing utensils, and that an accused named her as Parwati Devi. The petitioner argued that she had no involvement and was targeted due to personal enmity and her past. The court, noting the seriousness of the alleged liquor‑manufacturing offence, the large quantity seized, the petitioner’s prior similar antecedents, and the eight‑year delay in seeking bail, refused to grant anticipatory bail. The court indicated that regular bail could be considered if the petitioner surrenders, without prejudice to this order.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
Whether the petitioner’s prior antecedents and the eight‑year delay affect the grant of anticipatory bail.
Whether the absence of seized material from the petitioner’s possession warrants anticipatory bail.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)

Subjects

anticipatory bail
excise law
liquor manufacturing
Bihar Prohibition and Excise Act
bail jurisprudence
criminal procedure
antecedents
delay in filing

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31170 of 2026
                   Arising Out of PS. Case No.-294 Year-2018 Thana- GOVERNMENT OFFICIAL COMP.
                                                 District- West Champaran
                 ======================================================
                 Gita Devi Wife of Jagdish Ram Resident of Village- Ambedkar Colony,
                 Baswariya, P.S.- Bettiah Town, District- West Champaran, Bihar
                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Mayank Mohan, Advocate
                 For the Opposite Party/s :     Mr. Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   13-05-2026                  1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of anticipatory bail apprehending her arrest in connection

                   with Bettiah Excise P.S. Case no.294 of 2018 registered under

                   section 30(a) of the Bihar Prohibition and Excise Act, 2016.

                                3. As per the prosecution case, on secret information

                   having been received and a search being conducted, 30 litres of

                   semi fermented and 180 litres of raw material/chowa was

                   recovered while the petitioner managed to escape. It is further

                   stated that the accused who was apprehended disclosed her

                   name as Parwati Devi. Besides various utensils used in the

                   manufacture of liquor was also recovered.

                                4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered from the petitioner’s
           Patna High Court CR. MISC. No.31170 of 2026(2) dt.13-05-2026
                                                       2/2




                     possession or his premises and he has ben falsely implicated in

                     the case. The petitioner has no concern with the alleged place of

                     recovery. He has been falsely implicated in this case at the

                     instance of the co-villagers who are on inimical terms and the

                     petitioner is a lady and has been falsely implicated in the case

                     because of her antecedents.

                                  5. The application for anticipatory bail is opposed by

                     learned A.P.P for the State.

                                  6. Having heard learned counsel for the parties and

                     taking into consideration the nature of allegation of recovery of

                     various utensils and large amount of fermented liquor in the

                     process of manufacture of liquor together with the petitioner

                     having antecedent of similar nature and specially in a case of the

                     year 2018 having moved this Court for bail eight years later, the

                     Court is not inclined to enlarge the petitioner on anticipatory

                     bail and the application is rejected.

                                  7. In case the petitioner surrenders and moves for

                     regular bail, the same shall be considered without being

                     prejudiced by this order of rejection.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T

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