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Patna High Court

RUKMANI DEVI @ RUKMINI DEVIversusTHE STATE OF BIHAR

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Rukmani Devi, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 5.6 litres of liquor from a location not belonging to her. She argued that no liquor was found in her possession and that the police relied on secret information without proper investigation, and highlighted her status as a woman with only one prior excise case. The State opposed the bail, contending that the allegations warranted detention. The Court, applying Section 482(2) of the B.N.S.S., granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 and two sureties, and directed the trial court to verify her criminal antecedents. The order stipulated that if more than one prior case is found, the bail would not be confirmed, whereas confirmation would follow if only one antecedent is verified.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
  • Whether the police investigation, lacking seizure of the alleged liquor, justifies denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Section 37
  • bail conditions
  • criminal antecedent
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31959 of 2026
                       Arising Out of PS. Case No.-581 Year-2025 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Rukmani Devi @ Rukmini Devi W/O Manik Chand @ Manik Chanda Prasad
                 Resident Of Green Carpet School Ke Samne Gur Ki Mandi, Arfabad Colony,
                 Gulzarbagh, P.S.- Alamganj, District- Patna

                                                                                  ... ... Petitioner/S
                                                       Versus
                 The State Of Bihar

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

2   13-05-2026                  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 Sections 30(a), 37 of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and is

                   a woman and allegation is of recovery of 5.6 litres of liquor

                   from a place near Kali Mandir at Pitambara Temple colony. It is

                   next submitted that petitioner was not arrested from the spot as

                   such nothing was recovered from her conscious possession and

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

                   the petitioner and she came to be implicated based on secret
Patna High Court CR. MISC. No.31959 of 2026(2) dt.13-05-2026
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          information which is the easiest way to implicate someone. It is

          also submitted that once an accused is implicated in a case

          relating to excise, the police starts implicating mechanically

          either through chowkidar, local person, confessional statement

          or secret information without holding a proper investigation.

                       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.5000/- (Rupees five 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 Alamganj P.S. Case No.581/2025, 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

          one case, 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
             Patna High Court CR. MISC. No.31959 of 2026(2) dt.13-05-2026
                                                         3/3




                       on verification it is found that petitioner has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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