Patna High Court
Kavita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court held that anticipatory bail should be granted to the petitioner, subject to a bail bond and verification conditions under the BNSS, 2023.
Summary
Kavita Devi applied for anticipatory bail after the police alleged that 21 litres of illicit liquor were recovered from a hut belonging to her, invoking Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner contended she was not present at the site, had no criminal antecedent, and the recovery was not from her conscious possession. The State opposed bail, arguing the seriousness of the offence despite the petitioner’s clean record. The Court, after hearing counsel, granted anticipatory bail on the condition of furnishing a Rs.30,000 bond under Section 2(1)(d) of the BNSS, 2023 and compliance with Section 482(2) of the same Act. The order also directed the trial court to verify the petitioner’s antecedent and cancel the bail if concealment is discovered. The bail bond is to be accepted without delay for verification purposes.
Issues considered
- The applicability of anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 to the petitioner.
- Whether the petitioner’s alleged involvement and alleged possession of illicit liquor justify denial of anticipatory bail.
- Whether conditions imposed under the BNSS, 2023 are appropriate for granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- BNSS 2023
- criminal antecedent
- illicit liquor
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36121 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- PATEPUR District- Vaishali
======================================================
Kavita Devi Wife of Harendra Paswan Resident of Village- Mandai Dih @
Marie Dih @ Manddai Dih, P.S.- Patepur, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anuj Kumar, Adv.
For the Opposite Party/s : Mr.Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 02-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard Learned Counsel for the petitioner and
Learned A.P.P for the State.
3. The petitioner is apprehending arrest in connection
with Patepur P.S. Case No.114 of 2026, for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise (Amendment) Act, 2022.
4. As per the prosecution, the total recovery of 21
litres of Chulai liquor have been alleged to be made from a hut,
which is the subject matter of the present case.
5. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
also submits that petitioner was not present on the spot and her
Patna High Court CR. MISC. No.36121 of 2026(2) dt.02-06-2026
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name has been transpired only at the instance of her local
enemy. Counsel further submits that criminal antecedent of the
petitioner is clean. He further submits that the alleged recovery
has not been made from conscious possession of the petitioner.
He further submits that only 6 litres of wine has been recovered
from a hut, which belongs to the petitioner
6. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that criminal antecedent of the
petitioner is clean.
7. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
learned Court below within a period of 4 weeks from today, on
furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand)
as mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Exclusive Special Excise Prohibition Court-2-
cum- Addl. District and Sessions Judge, Vaishali at Hajipur in
connection with Patepur P.S. Case No.114 of 2026, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023
And further condition that the Trial Court shall verify
the criminal antecedent of the petitioner and in case at any stage
it is found that the petitioner has concealed her criminal
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antecedent, the Trial Court shall take step for cancellation of
bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Dr. Anshuman, J)
Prakashmani/-
U T
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