Patna High Court
Shanichri DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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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