Patna High Court
Mina DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bail bond, sureties, verification of antecedents and compliance with conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS.
Summary
The petitioners, Mina Devi and Vicky Kumar, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging that no liquor was found in their possession and the recovery was from a location unrelated to them. They argued that the complaint was based on the testimony of a watchman and local persons, and questioned why the watchman did not inform police earlier. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and a condition that the trial court verify the petitioners' criminal antecedents within six weeks. If the verification shows a clean record for Mina Devi and only one prior case for Vicky Kumar, the bail will be confirmed; otherwise, it may be revoked. The petitioners also agreed to deposit Rs.1,500 with the Patna High Court Lawyers’ Association.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under the Bihar Prohibition and Excise Act, 2016
- Whether the alleged facts justify denial of bail on the ground of possible concealment of criminal antecedents
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal antecedent
- Section 438 Cr.P.C.
- Section 482 Cr.P.C.
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3340 of 2026
Arising Out of PS. Case No.-242 Year-2025 Thana- JALALPUR District- Saran
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1. Mina Devi Wife of Kamakhya Sah Resident of Village- Gamahariya Rusi,
P.S.- Jalalpur, Dist.- Saran
2. Vicky Kumar Son of Kamakhya Sah Resident of Village- Gamahariya Rusi,
P.S.- Jalalpur, Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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 Act, 2016.
3. Learned counsel for the petitioners submits that
petitioner no. 1 is a person with clean antecedent and is a
woman and petitioner no. 2 has antecedent of one case under the
Excise Act and allegation is of recovery of 50 litres of liquor
from a place behind the house of Ramdas Sah.
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.3340 of 2026(2) dt.28-01-2026
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recovery is from a place which does not belong to the
petitioners and is accessible to villagers at large. It is further
submitted that petitioners have no concern or relation with
Ramdas Sah and came to be implicated at the instance of the
Chawkidar and local persons but then it is submitted that if the
Chawkidar and local persons were aware of the involvement of
petitioners in the occurrence then why they 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 for the petitioners, let the petitioners above-named, in
the event of their 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.5,000/- (Rupees Five Thousand) 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
Jalalpur P.S. Case No. 242 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
BNSS.
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7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioners and
if it is found that petitioner no. 1 has antecedent even one case
and petitioner no. 2 has antecedent of more than 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
petitioner no. 1 is a person with clean antecedent and petitioner
no. 2 has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioners
based on instruction submits that petitioners undertake to
deposit an amount of Rs.1,500/- with the Lawyers’ Association
of the Patna High Court.
(Satyavrat Verma, J)
Kundan/-
U T
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