Patna High Court
Lalpari DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioners' antecedents and compliance with the stipulated bail conditions.
Summary
Lalpari Devi and Nelu Devi, wives of Anil and Sunil Sahni, were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 15 litres of liquor recovered from their joint family house. They applied for anticipatory bail, arguing they have clean antecedents, were not arrested at the scene, and that the liquor was not in their conscious possession nor could it be proved they knew of its presence. The petition also highlighted that the FIR did not disclose the informant’s name, casting doubt on the prosecution’s case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned on verification of the petitioners’ criminal antecedents within six weeks, after which the bail would be confirmed if they are found to have a clean record.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the lack of direct possession and the absence of the informant’s name in the FIR justify granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition Act
- liquor possession
- joint family property
- clean antecedent
- Section 30(a)
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4918 of 2026
Arising Out of PS. Case No.-592 Year-2025 Thana- LALGANJ District- Vaishali
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1. Lalpari Devi Wife of Anil Sahni Resident of village -Laxminarayanpur Tola
Bilanpur PS- Lalganj, Dist- Vaishali
2. Nelu Devi wife of Sunil Sahni Resident of village -Laxminarayanpur Tola
Bilanpur PS- Lalganj, Dist- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-02-2026 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 offence punishable under Section 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and are women
and allegation is of recovery of 15 litres of liquor from the
house of Anil Sahni and Sunil Sahni.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
recovered from their conscious possession. It is next submitted
that the house in question is a joint family property, as such, it
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cannot be alleged with certainty that it were the petitioners who
had kept the liquor in the house or the liquor kept in the house
was within their knowledge. It is next submitted that petitioners
came to be implicated based on the fact that they are wives of
Anil Sahni and Sunil Sahni and at the instance of the local
persons but then the name of the person who disclosed the name
of the petitioners is not disclosed in the FIR which casts an
aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners above-named, in
the event of their 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.500/- (Rupees Five Hundred) each 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
Lalganj P.S. Case No. 592 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
BNSS.
7. It is made clear that thereafter the learned trial
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court shall verify the criminal antecedent of the petitioners and
if it is found that petitioners have antecedent of even one case, it
would be presumed that petitioners had concealed their
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioners are persons with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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