Patna High Court
Kiran Devi @ Ranju DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties and verification of her criminal antecedent.
Summary
The petitioner, Kiran Devi, was implicated in a case under Sections 274 and 275 of the BNS and Section 30(a) of the Bihar Excise Act for allegedly recovering five litres of liquor from a location adjacent to her shop. She argued that the liquor was not in her conscious possession, the alleged recovery site did not belong to her, and that the complainant (the chowkidar) failed to inform police earlier, casting doubt on the prosecution’s case. The petitioner, who has four prior excise cases, sought anticipatory bail fearing arrest. The State opposed the bail. The Court granted provisional anticipatory bail on condition of a Rs.20,000 bond with two sureties, subject to verification of her criminal antecedent under Section 482(2) of the BNSS, and directed her to deposit Rs.2,500 with the Advocates’ Association. The order stipulated that if more than four prior cases are found, the bail would not be confirmed; otherwise it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the alleged offences under Sections 274, 275 of BNS and Section 30(a) of the Bihar Excise Act
- Whether the alleged recovery of liquor from a place not in the petitioner’s possession warrants arrest
- Whether the petitioner’s prior four excise cases affect the grant of anticipatory bail
Legislation cited
Subjects
- anticipatory bail
- excise law
- liquor seizure
- criminal antecedent
- Section 482
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4497 of 2026
Arising Out of PS. Case No.-124 Year-2025 Thana- ANDHRATHARHI District- Madhubani
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Kiran Devi @ Ranju Devi Son of Ramesh Sahni @ Ramesh Mukhiya R/o
Village - Palar, P.S. - Andhratharhi, Distt. - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ratnakar Jha
For the Opposite Party/s : Mr.Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Sections 274 and
275 of BNS and Section 30(a) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of four cases under the Excise Act and
is a woman and allegation is of recovery of 5 litres of liquor
from a place behind the shop of 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 as such she came to be
Patna High Court CR. MISC. No.4497 of 2026(2) dt.28-01-2026
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implicated at the instance of Chowkidar but then it is submitted
that if the Chowkidar was aware about the involvement of the
petitioner in the occurrence, then why he did not inform the
police prior to institution of the instant FIR, which casts an
aspersion on the case of the prosecution. It is further submitted
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either at the instance
of Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
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. 20,000/- (Rupees
Twenty 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 Andhratharhi P.S. Case
No. 124 of 2025, 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
Patna High Court CR. MISC. No.4497 of 2026(2) dt.28-01-2026
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event if it is found that petitioner has antecedent of more than four
cases 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 has
antecedent of four cases in that event the provisional anticipatory
bail order shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner
based on instruction submits that petitioner undertakes to deposit
an amount of Rs. 2,500/- with Advocates’ Association, Patna High
Court.
(Satyavrat Verma, J)
Sumit/-
U T
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