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Patna High Court

Dulari Devi @ Ramdulari DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners, subject to verification of their antecedent and compliance with the conditions prescribed under Section 438 Cr.P.C.

Summary

The petitioners, three women residing in Shyampur Gaon, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of 156 litres of liquor from a location adjacent to their house. They argued they have no prior criminal record, were not caught in possession, and the recovery was made from a place not belonging to them, with the informant (chowkidar) failing to report earlier. The State opposed the bail. The Court considered the petitioners' clean antecedent, gender, lack of conscious possession, and the circumstances of the FIR, and ordered provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of antecedent by the trial court. If any prior case is found, the bail will not be confirmed; otherwise it will be confirmed forthwith. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022
  • Whether the petitioners' lack of conscious possession and clean antecedent justify bail

Legislation cited

Subjects

  • anticipatory bail
  • Section 30
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • clean antecedent
  • women defendants
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32815 of 2026
                   Arising Out of PS. Case No.-113 Year-2026 Thana- ADAPUR District- East Champaran
                 ======================================================
           1.     Dulari Devi @ Ramdulari Devi W/o Bhagya Narayan Paswan R/o Village -
                  Shyampur Gaon, P.S - Aadapur, District - East Champaran, Motihari
           2.    Sobha Devi W/o Ram Babu Paswan R/o Village - Shyampur Gaon, P.S -
                 Aadapur, District - East Champaran, Motihari
           3.     Sawariya Devi @ Fula Devi W/o Ramesh Paswan R/o Village - Shyampur
                  Gaon, P.S - Aadapur, District - East Champaran, Motihari
                                                                              ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-05-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and are women

                   and allegation is of recovery of 156 litres of liquor from a place

                   behind the house of the petitioners.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.32815 of 2026(2) dt.13-05-2026
                                            2/3




          recovery is from a place which does not belong to the

          petitioners but then is adjacent to their house and they came to

          be implicated at the instance of the Chawkidar and local person

          but then it is submitted that if the Chawkidar and local person

          were aware of the involvement of the petitioners in the

          occurrence then why he did not inform the police prior to the

          institution of the instant FIR which casts an aspersion on the

          case of the prosecution.

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

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioners, let the

          petitioners, above-named, in the event of their arrest or

          surrender within a period of six weeks from today, be released

          on provisional anticipatory bail on furnishing bail bonds of

          Rs.500/- (Rupees Five Hundred) each 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

          Adapur P.S. Case No. 113 of 2026, subject to the conditions as

          laid down under Section 438(2) of the Cr.P.C./482(2) of the

          B.N.S.S.

                       7. However, it is made clear that thereafter the learned
           Patna High Court CR. MISC. No.32815 of 2026(2) dt.13-05-2026
                                                       3/3




                     Trial Court shall verify the criminal antecedent of the petitioners

                     and if it is found that petitioners have antecedent of even one

                     case, it would be presumed that petitioners had concealed their

                     antecedent before this Court at para 3 of the anticipatory bail

                     application in that event the provisional anticipatory bail order

                     shall not be confirmed but if it is found on verification that

                     petitioners are persons with clean antecedent in that event the

                     provisional anticipatory bail order shall be confirmed forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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