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Patna High Court

Lalpari DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
           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
Patna High Court CR. MISC. No.4918 of 2026(2) dt.02-02-2026
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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
           Patna High Court CR. MISC. No.4918 of 2026(2) dt.02-02-2026
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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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