Patna High Court
Anita Devi @ Anito DaviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Bihar Prohibition and Excise Act — s. 30(a), 32(3), 37, 76(2)
- Criminal Procedure Code — s. 438(2)
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
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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
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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/-
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