Patna High Court
Puja DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that provisional anticipatory bail may be granted in the absence of any criminal antecedent, subject to verification by the trial court, under Section 482(2) of the BNSS.
Summary
The petitioner, Puja Devi, was implicated in a case under Sections 30(a) and 32(3) of the Bihar Excise Act for the alleged recovery of 11.250 litres of liquor from a location not belonging to her. She asserted that she has a clean criminal antecedent, was not arrested at the spot, and that the liquor was recovered from a public area accessible to villagers. The State opposed her request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 and two sureties, subject to verification of her antecedent by the trial court under Section 482(2) of the BNSS. The order stipulates that if any prior case is discovered, the bail will not be confirmed; otherwise, the provisional bail will be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the Bihar Excise Act offences.
- Whether the petitioner’s clean antecedent and lack of possession justify the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 32(3)
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- section 482
- clean antecedent
- liquor seizure
- women petitioner
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38987 of 2026
Arising Out of PS. Case No.-165 Year-2026 Thana- EXCISE SHERGHATI District- Gaya
======================================================
Puja Devi W/O Gajendra Singh @ Gajendra Kumar Resident of Village-
Samod Bigha, PS- Sherghati, District- Gaja Ji, At present, R/O Village-
Nauwakhap, PS- Gurua, Distt- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Sri Rabindra Kumar.
2. The petitioner apprehends her arrest in a case
registered for the offences punishable under Sections 30(a) and
32(3) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 11.250 litres of liquor from a place
near Phirki crossings.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from her conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
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and is accessible to villagers at large and she came to be
implicated based on secret information which is the easiest way
to implicate someone without holding a proper investigation
when petitioner admittedly is a person with clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of her arrest or surrender within a period of six weeks
from today, be released on Provisional anticipatory bail on
furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Excise Sherghati P.S. Case No. 165 of 2026
subject to the conditions as laid down under Section 482(2) of
the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed her antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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