Patna High Court
Dashkumari deviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The petitioner is entitled to anticipatory bail subject to the conditions prescribed under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
Dashkumari Devi was implicated in a case under Section 30(a) of the Bihar Prohibition & Excise Act for allegedly throwing away 34 litres of country-made liquor recovered from a sack. She contended that she was not present at the scene, that the watchman falsely implicated her, and that no liquor was found in her possession, emphasizing her clean criminal record. The State opposed her prayer for anticipatory bail. The Court, after considering the facts, the petitioner’s clean antecedent, and the absence of direct evidence, ordered that she may be released on bail if arrested or she surrenders within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023. The order effectively grants anticipatory bail to the petitioner.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition & Excise Act.
- Whether the petitioner’s clean antecedent and lack of direct evidence justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- anticipatory bail
- prohibition act
- excise law
- liquor seizure
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32257 of 2026
Arising Out of PS. Case No.-456 Year-2025 Thana- KOTWA District- East Champaran
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Dashkumari devi W/o Bagad Manjhi R/o Rajapur Ahirauliya, Tola
Ghurbariya Mushari Tola, P.S.- Kotwa, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in connection
with Kotwa P.S. Case No. 456 of 2025, instituted under Section
30(a) of the Bihar Prohibition & Excise Act.
3. As per the prosecution case, 34 litres country made
liquor was recovered from a sack. It is alleged that the petitioner
has thrown the same and fled away.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case at the instance of Chaukidar. She was not present on the
spot. Nothing has been recovered from the conscious possession
of the petitioner. There is no independent witness of search and
seizure. Petitioner has no criminal antecedent. Petitioner
Patna High Court CR. MISC. No.32257 of 2026(2) dt.13-05-2026
2/2
undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submission of learned counsel for the parties and clean
antecedent of the petitioner, in the event of arrest or surrender
before the Court below within six weeks from today, the
petitioner be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge, Excise Court-I,
East Champaran, Motihari in connection with Kotwa P.S. Case
No. 456 of 2025, subject to the conditions laid down in Section
482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.),
2023.
(Sunil Dutta Mishra, J)
rakhi/-
U T
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