Patna High Court
Bugli DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail may be granted subject to conditions under Section 482(2) of the B.N.S.S.
Summary
Bugli Devi, a widow, sought anticipatory bail after 10 litres of country-made liquor were seized from a house belonging to her son in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act. She claimed she was not present at the time of the search, that the procedure under Section 103 of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) was not followed, and highlighted her clean criminal record. The State opposed the bail. The court examined the facts, the alleged procedural lapse, and the petitioner’s antecedents, and decided to grant anticipatory bail on the condition of furnishing bail bonds and sureties, subject to the conditions of Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the search and seizure complied with the procedural requirements of Section 103 of the B.N.S.S.
- Whether the petitioner’s absence at the time of seizure and clean antecedent justify the grant of anticipatory bail
Legislation cited
- Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) — s. 103, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illegal liquor
- procedural compliance
- Section 103
- Section 482
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34732 of 2026
Arising Out of PS. Case No.-135 Year-2026 Thana- ROH District- Nawada
======================================================
Bugli Devi S/o Late Dilip Manjhi R/vill - Kosdihra, P.S. - Roh, Distt. -
Nawadah.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Subodh Prasad, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 21-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The Petitioner is apprehending her arrest in
connection with Roh P.S. Case No. 135 of 2026 registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
4. As per the prosecution case, altogether 10 litres of
country made liquor was recovered from the house of the
petitioner.
5. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has been falsely implicated in
this case. It has further been submitted that the petitioner is
Patna High Court CR. MISC. No.34732 of 2026(2) dt.21-05-2026
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widow and the house in question belongs to her son. It has also
been submitted that the petitioner was not present in the house
at the time of search and seizure. It has further been submitted
that the procedure prescribed under Section 103 of the B.N.S.S.
has not been followed. Lastly, it has been submitted that the
petitioner has got clean criminal antecedent.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of her
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bonds of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Nawada, in connection with Roh P.S. Case No. 135 of 2026,
subject to the conditions as laid down under Section 482(2) of
the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
9. This application stands allowed.
(Praveen Kumar, J)
Jyoti/-
U T
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