Patna High Court
RUKMANI DEVI @ RUKMINI DEVIversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 37
- B.N.S.S. — s. 482(2)
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
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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
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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
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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/-
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