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Patna High Court

Anita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
                                                         3/3




                       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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