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Patna High Court

Mina DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties and verification of antecedents.

Summary

Mina Devi sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 62.160 litres of liquor from a bush adjacent to her house. She argued that the liquor was not in her possession, the location did not belong to her, and that a disgruntled chowkidar falsely implicated her to pressure her husband. The State opposed the bail. The High Court granted provisional anticipatory bail on the condition that she furnish a bail bond of Rs.5,000 with two sureties and that the trial court verify her criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case, the provisional bail will be confirmed. The order was made under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act
  • Whether the alleged facts justify denial of bail on grounds of false implication and potential concealment of antecedents

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Section 482
  • false implication
  • bail conditions
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44257 of 2026
                       Arising Out of PS. Case No.-194 Year-2026 Thana- JALALPUR District- Saran
                 ======================================================
                 Mina Devi W/o Kamkhya Sah R/o Village- Rusi Gamhariya, P.S- Jalalpur,
                 Dist- Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Alok Kumar Alok
                 For the Opposite Party/s :       Mr.Ashok Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   07-07-2026               1.    Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 62.160 litres of liquor from a bush

                   near the house of the petitioner.

                             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

                   but then is adjacent to her house and she came to be implicated
Patna High Court CR. MISC. No.44257 of 2026(2) dt.07-07-2026
                                            2/3




          at the instance of Chowkidar with whom her husband is on an

          inimical term. It is also submitted that in order to coerce her

          husband into submission, Chowkidar falsely implicated the

          petitioner.

                   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 before the learned trial court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          5,000/- (Rupees Five Thousand) 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 Jalalpur

          P.S. Case No. 194 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 more

          than 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
              Patna High Court CR. MISC. No.44257 of 2026(2) dt.07-07-2026
                                                          3/3




                        anticipatory bail order shall not be confirmed, but after

                        verification if it is found that petitioner has antecedent of one

                        case in that event the provisional anticipatory bail order shall be

                        confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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