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Patna High Court

Anita Devi @ Anito DaviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

Anita Devi, the owner of a scooty, was implicated in a Bihar Prohibition and Excise case after police recovered 8.7 litres of illicit liquor and an arrested individual named Arjun Sharma identified her as the owner. She applied for anticipatory bail under Section 438 of the Criminal Procedure Code, arguing that she had no possession of the liquor and that the FIR did not establish an offence against her. The State opposed, citing her prior criminal antecedent. The Court, relying on the precedent of Ram Vinay Yadav v. State of Bihar, held that anticipatory bail can be granted despite the bar in Section 76(2) of the Excise Act if the allegations do not constitute an offence. Consequently, the Court granted anticipatory bail with a bond of Rs.10,000 and several conditions, including cooperation with investigation and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2).
  • Whether the petitioner’s alleged involvement constitutes an offence warranting denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • prohibition act
  • bail conditions
  • criminal procedure
  • illicit liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34993 of 2026
                    Arising Out of PS. Case No.-1362 Year-2023 Thana- Excise P.S. District- Kishanganj
                 ======================================================
                 Anita Devi @ Anito Davi W/o Raju Mahto Resident of village- Chhedibagan
                 Dey Market P.S- Kishanganj District- Kishanganj

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Amal Kumar Sinha, Adv.
                 For the Opposite Party/s :        Mr. Murli Dhar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   20-05-2026                    1. Heard the parties through virtual mode.

                                2. The petitioner is apprehending arrest in connection

                   with Kishanganj Mdya Nisedh P.S. Case No. 1362 of 2023

                   instituted under Section 30(a), 32(3) and 37 of the Bihar

                   Prohibition and Excise Act.

                                3. As per the prosecution story, the police intercepted

                   a scooty and there is recovery/seizure of 8.700 liters of country-

                   made liquor, and one Arjun Sharma was arrested who gave the

                   name of the petitioner, which led to the FIR.

                                4. Learned counsel for the petitioner submits that she

                   being the owner got implicated she had actually given the

                   scooty to Arjun Sharma but now stands as an accused in the

                   present FIR.

                                5. Further, learned counsel for the petitioner relied on
Patna High Court CR. MISC. No.34993 of 2026(2) dt.20-05-2026
                                            2/3




          the judgment of the Full Bench of Hon’ble Patna High Court in

          the case of Ram Vinay Yadav vs. State of Bihar reported in

          2019(2) PLJR 1089 wherein it has been held that an application

          for anticipatory bail in a case arising our of Bihar Excise and

          Prohibition Act can be maintained, despite the bar under Section

          76(2) of the Act, if on the basis of allegation made in the FIR,

          no offence under the said provision is made out.

                       6. Learned APP, Mr. Murli Dhar opposes the prayer

          submitting that she has one criminal antecedent.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that nothing has been recovered from her conscious

          possession, in that background this Court is inclined to extend

          him the privilege of anticipatory bail.

                       8. Let the petitioner be released on bail, in the event

          of her arrest or surrender before the concerned court within a

          period of four weeks from the receipt of this order, on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each in connection with Kishanganj Mdya

          Nisedh P.S. Case No. 1362 of 2023 to the satisfaction of learned

          Exclusive Special Judge Excise-II, Kishanganj subject to the

          conditions as laid down under Section 438(2) of the Cr.P.C. as
           Patna High Court CR. MISC. No.34993 of 2026(2) dt.20-05-2026
                                                       3/3




                     also the other conditions.

                                  (i) one of the bailor should be the family

                     member/relative of the petitioner who shall provide official

                     document (Aadhar Card/Driving License/Voter ID/Pan Card

                     etc.) to show his/her bona fide;

                                  (ii) the petitioner shall be appearing before the police

                     station as and when required for cooperating in the

                     investigation;

                                  (iii) the petitioner shall appear on each and every date

                     before the Trial Court and failure to do so for two consecutive

                     dates without plausible reason will entail cancellation of her bail

                     bond by the Trial Court itself;

                                  (iv) the petitioner shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (v) the petitioner shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of her bail bonds.



                                                    (Rajiv Roy, J)
Nirmal/-
U      T


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