Patna High Court
Laliya DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioners' criminal antecedents.
Summary
The petitioners, three women residing in Saidnagar, Darbhanga, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning alleged recovery of 134.40 litres of liquor from a hut adjacent to their house. They contended that no liquor was found in their possession, the recovery site did not belong to them, and that the police had mechanically implicated them without proper investigation, despite a prior single case under the Excise Act. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a Rs.5,000 bail bond with two sureties and conditions under Section 482(2) of the CrPC, directing verification of any further criminal antecedents. The order stipulated that if more than one antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The petitioners also agreed to deposit Rs.1,500 each with the Advocates’ Association within two weeks.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged recovery of liquor from a location not in the petitioners' possession justifies denial of bail.
- Whether the petitioners' prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- women defendants
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3581 of 2026
Arising Out of PS. Case No.-603 Year-2025 Thana- LAHERIYASARAI District- Darbhanga
======================================================
1. Laliya Devi W/O Harichandra Paswan @ Ramchandra Paswan Resident of
Village- Saidnagar, P.S.- Laheriasarai, Dist- Darbhanga
2. Pinki Devi W/O Mukesh Paswan Resident of Village- Saidnagar, P.S.-
Laheriasarai, Dist- Darbhanga
3. Domni Devi W/O Dinesh Paswan Resident of Village- Saidnagar, P.S.-
Laheriasarai, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Ms. Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners apprehend their arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of one case under the Excise Act and
are women and allegation is of recovery of 134.40 litres of
liquor a hut situated beside the house of the petitioners. It is next
submitted that petitioners were not arrested from the spot, as
such, nothing was recovered from their conscious possession
Patna High Court CR. MISC. No.3581 of 2026(2) dt.29-01-2026
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and even alleged 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 local person but
then it is submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
provisional anticipatory bail on their furnishing bail-bonds in
the sum of Rs.5,000/- (Rupees Five Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge-II, (Excise Act), Darbhanga in
connection with Laheriasarai P.S. Case No.603 of 2025, subject
to the conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.3581 of 2026(2) dt.29-01-2026
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accepting the provisional bail bond of the petitioners shall verify
the criminal antecedent of the petitioners and in the event, if it is
found that petitioners have antecedents of more than one case,
then it would be presumed that petitioners for the purposes of
obtaining anticipatory bail had concealed their antecedent
before this Court, in that event, the present provisional
anticipatory bail order shall not be confirmed, but if on
verification, it is found that petitioners 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.1500/- each with Advocates’
Association, Patna High Court within a period of two weeks
from today.
(Satyavrat Verma, J)
Sanjay/-
U T
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