Patna High Court
Savitri DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail may be granted in the present case despite the statutory bar, as no offence under the provisions is made out and the petitioner has no criminal antecedent.
Summary
The petitioner, Savitri Devi, sought anticipatory bail fearing arrest in a case (Laukahi P.S. Case No.33 of 2026) involving alleged offences under sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and section 30(a) of the Bihar Prohibition and Excise Act, based on the seizure of 8.4 litres of Nepali wine from her motorcycle. She contended she had no criminal antecedent and that the seized contraband belonged to her nephew, not her. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019 (2) PLJR 1089), she argued that anticipatory bail could be granted despite the bar under Section 76(2) of the Excise Act if no offence is made out. The State opposed, noting her ownership of the motorcycle. The Court, considering the precedent, her clean record and gender, granted anticipatory bail with a set of conditions and a bond of Rs 10,000 with two sureties, reserving the right to cancel if she later shows a criminal antecedent or breaches conditions.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
- Whether the petitioner’s lack of criminal antecedent and the circumstances of the seizure justify anticipatory bail.
- Whether the alleged seizure constitutes an offence under the cited sections of the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Bihar Prohibition and Excise Act — s. 30(a), 76(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- Section 76(2) bar
- no criminal antecedent
- bail conditions
- seizure of contraband
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39070 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- LAUKAHI District- Madhubani
======================================================
Savitri Devi W/o Late Jagat Lal Saday R/o Vill-Bariyahi,P.S-Narhaiya, Distt-
Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumari Pallavi, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 17-06-2026 Heard Ms. Anjali Kumari, learned counsel for the
petitioner and the State.
2. The petitioner is apprehending her arrest in
connection with Laukahi P.S. Case No. 33 of 2026 for the
offence under sections 274, 275 and 3(5) of the BNS and section
30(a) of the Bihar Prohibition and Excise Act lodged on
07.03.2026 by the informant, Anand Kumar.
3. As per the prosecution story, the Police, on secret
information, intercepted a motorcycle and there is
recovery/seizure of 8.4 liters of Nepali country made Karnali
Gold wine. This led to the FIR.
4. Learned counsel for the petitioner submits that she
do not have any criminal antecedent and recovery/seizure is
from one Deepak Kumar Saday who is his nephew and only
Patna High Court CR. MISC. No.39070 of 2026(2) dt.17-06-2026
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because she owns the motorcycle got implicated.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP opposes the prayer submitting that
she owns the motorcycle.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that she do not have any criminal antecedent and the
petitioner is a lady, in that background, this Court is inclined to
extend her the privilege of anticipatory bail with conditions.
8. If, however, it is found that contrary to the
statement made in paragraph-3, the petitioner has criminal
antecedent, the present order shall become infructuous.
9. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
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receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Exclusive Special Judge, (Excise),
Jhanjarpur, Madhubani in connection with Laukahi P.S. Case
No. 33 of 2026 subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of her
bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of her bail bonds.
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10. Before parting, this Court would like to put on
record its word of appreciation for Ms. Anjali Kumari, learned
counsel for the petitioner for the proper assistance rendered in
the matter.
(Rajiv Roy, J)
Adnan/-
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