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Patna High Court

Shanichri DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that provisional anticipatory bail may be granted subject to verification of antecedent and compliance with conditions under Section 482(2) of the BNSS.

Summary

Shanichri Devi sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 16,400 litres of liquor from a hut adjacent to her house. She argued she had no possession of the liquor, the hut did not belong to her, and she had a clean criminal record. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of furnishing bail bonds and two sureties, subject to verification of her antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would be presumed concealed and the provisional order would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s lack of possession of the alleged liquor and her clean antecedent justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • liquor seizure
  • clean antecedent
  • provisional bail
  • Section 30
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3225 of 2026
                      Arising Out of PS. Case No.-513 Year-2025 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Shanichri Devi W/O Naresh Mahto R/O Village- Shish Mahal, Hamam, P.S-
                 Khajekalan, Distt.- Patna.
                                                                         ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Rai
                 For the Opposite Party/s :       Mr. Nityanand
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-01-2026                  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 offences punishable under Section 30(a) of the Bihar Excise

                   Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 16.400 liters of liquor from a hut near the

                   house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing was

                   recovered from her conscious possession and even alleged recovery

                   is from a hut which does not belong to the petitioner, but then is

                   adjacent to her house and she came to be implicated at the instance of

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

                   of the petitioner is not disclosed in the FIR which casts an aspersion

                   on the case of the prosecution.
            Patna High Court CR. MISC. No.3225 of 2026(2) dt.28-01-2026
                                                        2/2




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

                      anticipatory bail of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, in the event of

                      her arrest or surrender before the learned Trial Court within a period

                      of six weeks from today, be released on Provisional anticipatory

                      bail on furnishing bail bonds of Rs. 500/- (Rupees Five Hundred)

                      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 Khajekalan P.S. Case No. 513 of 2025 subject to the

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

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

                      shall verify the criminal antecedent of the petitioner and in the event

                      if it is found that petitioner has antecedent of even one case then it

                      would be presumed that petitioner, for the purposes of seeking

                      anticipatory bail, had concealed her antecedent before this Court, as

                      such, the provisional anticipatory bail order shall not be confirmed,

                      but after verification if it is found that petitioner is a person with

                      clean antecedent in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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