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Patna High Court

Dashkumari deviversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                 ======================================================
                 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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