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Patna High Court

Dhauli Devi @ Amita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail to petitioners 1 and 2 subject to bond, sureties and verification of antecedents, with confirmation contingent on the antecedent limits.

Summary

The petitioners, three siblings, applied for anticipatory bail in a case under Section 30(a) of the Bihar Excise Act concerning alleged recovery of 20 litres of liquor. The petitioners sought to withdraw the application for the third sibling who had already been arrested. The court granted permission to withdraw that application and ordered provisional anticipatory bail for the first two petitioners, requiring a bail bond of Rs.20,000 with two sureties each. The bail is conditioned on the petitioners surrendering within six weeks and the trial court verifying that their criminal antecedents do not exceed four cases for petitioner 1 and two cases for petitioner 2. If the antecedent limits are exceeded, the provisional bail will not be confirmed; otherwise it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under the circumstances of the excise offence.
  • Whether the court may impose conditions such as bail bond, sureties, and verification of criminal antecedents.
  • Whether the withdrawal of the anticipatory bail application for the third petitioner is permissible.

Legislation cited

Subjects

  • anticipatory bail
  • bail bond
  • criminal antecedent
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • provisional bail
  • withdrawal of application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31609 of 2026
                       Arising Out of PS. Case No.-310 Year-2026 Thana- ALAMGANJ District- Patna
                 ======================================================
           1.     Dhauli Devi @ Amita Devi W/o Sumari Lal Sahani @ Sumir Sahni @
                  Sumir Kumar Resident of Gosain Ghat, Jhoparpatti, in front of Machhali
                  Godown, PS- Alamganj, District- Patna
           2.    Boby @ Baby Kumar S/o Sumari Lal Sahani @ Sumir Sahni @ Sumir
                 Kumar Resident of Gosain Ghat, Jhoparpatti, in front of Machhali Godown,
                 PS- Alamganj, District- Patna
           3.    Surya @ Surya Kumar S/o Sumari Lal Sahani @ Sumir Sahni @ Sumir
                 Kumar Resident of Gosain Ghat, Jhoparpatti, in front of Machhali Godown,
                 PS- Alamganj, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Shanker Pankaj
                 For the Opposite Party/s :       Mr.Md. Nazir Ansari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-05-2026               1.    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                             2.    Learned counsel for the petitioners seeks permission

                   to withdraw the anticipatory bail application with                   respect to

                   petitioner no. 3 (Surya @ Surya Kumar), who was arrested during

                   pendency of the instant anticipatory bail application.

                             3.    Permission is accorded.

                             4.    The petitioner nos. 1 and 2 apprehend their arrest in a

                   case registered for the offences punishable under Section 30(a) of

                   the Bihar Excise Act.
Patna High Court CR. MISC. No.31609 of 2026(2) dt.12-05-2026
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                   5.     Learned counsel for the petitioners submits that

          petitioner no. 1 has antecedent of four cases under the Excise Act

          and petitioner no. 2 has antecedent of two cases under the Excise

          Act and petitioner no. 1 is a woman and allegation is of recovery of

          20 litres of liquor from a sack at gossayi ghat.

                   6.     Learned counsel for the petitioners submits that the

          petitioners were not arrested from the spot as such nothing was

          recovered from their conscious possession and even the alleged

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

          and is accessible to public at large and they have no concern with

          the sack and they came to be implicated at the instance of local

          people, but then the name of the person, who disclosed the name of

          the petitioners, is not disclosed in the FIR, which casts an aspersion

          on the case of the prosecution, when petitioners have not been

          implicated based on secret information. It is further submitted that

          once an accused is implicated in a case relating to excise, the

          police starts implicating mechanically either at the instance of

          Chowkidar, local person, confessional statement or secret

          information without holding a proper investigation.

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

          anticipatory bail of the petitioners.

                   8.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioner nos. 1 and 2 above-
            Patna High Court CR. MISC. No.31609 of 2026(2) dt.12-05-2026
                                                        3/3




                      named, in the event of their arrest or surrender within a period of

                      six weeks from today, be released on provisional anticipatory

                      bail on furnishing bail bonds of Rs. 20,000/- (Rupees Twenty

                      Thousand) each 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 Alamganj P.S. Case

                      No. 310 of 2026, subject to the conditions as laid down under

                      Section 482(2) of the BNSS.

                               9.     It is made clear that thereafter the learned Trial Court

                      shall verify the criminal antecedent of the petitioners and in the

                      event if it is found that petitioner no. 1 has antecedent of more than

                      four cases and petitioner no. 2 has antecedent of more than two

                      cases then it would be presumed that petitioners, for the purposes

                      of seeking anticipatory bail, had concealed their antecedent before

                      this Court, as such, the provisional anticipatory bail order shall not

                      be confirmed with respect to that petitioner who had concealed his

                      criminal antecedent before this Court, but after verification if it is

                      found that petitioner no. 1 has antecedent of four cases and

                      petitioner no. 2 has antecedent of two cases in that event the

                      provisional anticipatory bail order shall be confirmed forthwith.



                                                (Satyavrat Verma, J)
Sumit/-
U       T


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