Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to bail bonds, sureties, and verification of their criminal antecedents.
Summary
The petitioners, including Anita Devi and others, feared arrest in a case registered under several sections of the Bihar Narcotic Substances (BNS) Act and the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that liquor was recovered from a joint family house and that no liquor was found in their personal possession. They argued that the allegations were vague, the property was jointly owned, and they were not present at the time of seizure. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties, and conditioned the order on verification of the petitioners' criminal antecedents. The court stipulated that if more than one prior case is found, the bail would be presumed concealed and the provisional order would not be confirmed; otherwise, it would be confirmed. The order was made under Section 482(2) of the BNS Act.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in the pending case under the BNS Act and Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the allegations of liquor possession and obstruction of police are sufficient to deny anticipatory bail.
Legislation cited
- Bihar Narcotic Substances (BNS) Act — s. 132, 190, 191, 221, 324(4), 352, 45, 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 30(b), 30(c), 41
Subjects
- anticipatory bail
- provisional bail
- liquor seizure
- joint family property
- criminal antecedent
- Bihar Prohibition Act
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37481 of 2026
Arising Out of PS. Case No.-107 Year-2026 Thana- PATAHI District- East Champaran
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1. Anita Devi Wife of Birendra Manjhi Resident of village - Nonfarawa
Dhangar Toli PS -Patahi District- East Champaran
2. Bikau Manjhi Son of Suresh Manjhi Resident of village - Nonfarawa
Dhangar Toli PS -Patahi District- East Champaran
3. Sapi Devi @ Satiya Devi Wife of Binod Manjhi Resident of village -
Nonfarawa Dhangar Toli PS -Patahi District- East Champaran
4. Munna Kumar @ Munna Manjhi Son of Suresh Manjhi Resident of village -
Nonfarawa Dhangar Toli PS -Patahi District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh
For the Opposite Party/s : Mr. Choubey Jawahar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 221, 132,
324(4), 352, 190, 191, 45 of the BNS and Sections 30(a), 30(b),
30(c), 41 of Bihar Prohibition and Excise (Amendment) Act,
2022.
3. Learned counsel for the petitioners submits that
petitioners have antecedent of one case under the Excise Act and
petitioner no.1 and 3 are women and allegation is of recovery of
Patna High Court CR. MISC. No.37481 of 2026(2) dt.17-06-2026
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30 litres of liquor along with 500 litres of raw liquor from house
of Anita Devi and 20 litres of liquor from house of Neha. It is
next submitted that petitioners were not arrested from the spot
as such nothing was recovered from their conscious possession
and the house of Anita Devi is a joint family property as such it
cannot be alleged with certainty that it was Anita, who had kept
the liquor in the house or the liquor kept in the house was within
her knowledge and Neha is not a petitioner in the anticipatory
bail application. It is further submitted that as far as other
persons are concerned they are alleged to have gathered at the
place of occurrence and obstructed the police in discharge of
their official duty but then it is submitted that allegations are
general and omnibus in nature.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.5000/- (Rupees five thousand) each
with two sureties of the like amount each to the satisfaction of
the learned trial court where the case is pending/successor court
Patna High Court CR. MISC. No.37481 of 2026(2) dt.17-06-2026
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in connection with Patahi P.S. Case No.107/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
more than one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed but if after verification the criminal antecedent as
recorded hereinabove tallies with the petitioners in that event
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
amit/-
U T
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