Patna High Court
Ramshakhi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KHATIM REZA
Holding
The court held that the petitioner is entitled to anticipatory bail, subject to a bail bond and surety conditions.
Summary
Ramshakhi Devi, the wife of co-accused Sanjay Sahni, feared arrest in a case (Bokhra P.S. No. 52 of 2026) under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 25 litres of country‑made liquor. She contended that she was not present at the premises during the raid, had no criminal record, and was implicated solely because of her marital relationship. The State opposed her bail application. The High Court, after considering the submissions, ordered that if the petitioner is arrested or surrenders within six weeks, she shall be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to conditions under Section 482(2) of the B.N.S.S. Act. The order effectively grants her anticipatory bail while imposing procedural safeguards.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the provisions of criminal procedure in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether mere marital relationship to the co‑accused justifies arrest without further material.
- Whether the conditions imposed under Section 482(2) of the B.N.S.S. Act are appropriate for granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- false implication
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32603 of 2026
Arising Out of PS. Case No.-52 Year-2026 Thana- BOKHRA District- Sitamarhi
======================================================
Ramshakhi Devi, W/o Sanjay Sahni, Resident of village - Kurhar, P.S-
Bokhra, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dwij Raj, Adv.
For the Opposite Party/s : Mrs. Suman Kumari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
ORAL ORDER
2 13-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection with
Bokhra P.S. Case No. 52 of 2026 dated 01.03.2026, registered
for the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The allegation is of recovery of 25 litres
countrymade liquor from the house of co-accused Sanjay Sahni
(husband of the petitioner).
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in this
case. It is submitted that the petitioner has been made accused
only being the wife of co-accused Sanjay Sahni. The entire
allegation is levelled against the said Sanjay Sahni. It is further
Patna High Court CR. MISC. No.32603 of 2026(2) dt.13-05-2026
2/2
submitted that at the time of raid, the petitioner was in her
parents’ house. Lastly, it has been submitted that the petitioner
has no criminal antecedent.
5. Learned A.P.P. has opposed the prayer for bail of
the petitioner.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, in
the event of arrest / surrender of the petitioner within a period of
six weeks from today, in connection with Bokhra P.S. Case No.
52 of 2026, he shall be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge Excise, Court No. II, Sitamarhi, subject
to condition as laid down under Section 482(2) of B.N.S.S..
(Khatim Reza, J)
prabhat/-
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