Patna High Court

Vijanti Devi @ Bijanti DeviversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted anticipatory bail to the petitioner subject to a bail bond and sureties, under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Summary

Vijanti Devi, the wife of Mahavir Manjhi, sought anticipatory bail fearing arrest in a case (Digha P.S. Case No. 739 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act where 160 litres of liquor were recovered from a car she owned. She contended that she had no knowledge of the liquor and was falsely implicated, noting a prior criminal antecedent but no compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail. The Court examined the prima facie lack of case against her and the statutory non‑compliance, and consequently ordered that she be released on anticipatory bail upon furnishing a bail bond of Rs. 15,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances.
Whether there is a prima facie case against the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants bail.
Whether Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023, can be invoked to impose bail conditions.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103, 482(2)

Subjects

anticipatory bail
prohibition law
excise
false implication
Section 30
Section 103
Section 482
criminal antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.3629 of 2026
                         Arising Out of PS. Case No.-739 Year-2025 Thana- DIGHA District- Patna
                 ======================================================
                 Vijanti Devi @ Bijanti Devi Wife of Mahavir Manjhi @ Mahaveer Manjhi
                 Mohalla- Banglapar, Ward No. 14, Police Station -Bihta, District -Patna

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner apprehends his arrest in connection

                   with Digha P.S. Case No. 739 of 2025, instituted for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                               3. The prosecution case, in short, is that total 160 litres

                   of liquor was recovered from car.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. It is

                   further submitted that the name of the petitioner has transpired

                   as being the owner of the vehicle in question and has no

                   knowledge regarding the goods loaded in the vehicle. Petitioner
           Patna High Court CR. MISC. No.3629 of 2026(2) dt.19-01-2026
                                                       2/2




                     has no concern with the alleged recovery. Learned counsel

                     therefore, submitted that prima-facie, no case is made out

                     against the petitioner.             The petitioner has one criminal

                     antecedent. There is no compliance of Section 103 of the

                     Bharatiya Nagarika Suraksha Sanhita, 2023.

                                5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, let the petitioner, above named, in the event of

                     arrest/surrender before the lower court within a period of six

                     weeks from today, be released on anticipatory bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Digha P.S. Case No.

                     739 of 2025, subject to the conditions as laid down under

                     Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita,

                     2023.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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