Patna High Court
Sanju DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail with conditions, pending verification of the petitioner’s antecedent.
Summary
The petitioner, Sanju Devi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act involving alleged recovery of liquor. She argued that the liquor was not in her conscious possession, the location was public, and the complaint was based on the testimony of a chowkidar and locals without proper investigation. The State opposed the bail. The High Court, applying Section 482(2) of the Criminal Procedure Code, granted provisional anticipatory bail subject to a Rs.10,000 bail bond, two sureties, and a condition that the trial court verify her criminal antecedent. If more than two prior cases are found, the bail would not be confirmed; if exactly two, it would be confirmed. The petitioner also agreed to deposit Rs.5,000 with the Advocates’ Association within two weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Section 482
- criminal antecedent
- bail conditions
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5984 of 2026
Arising Out of PS. Case No.-424 Year-2025 Thana- DIGHWARA District- Saran
======================================================
Sanju Devi D/o Teju Khalifa R/o village - Shitalpur Basti, P.S - Dighwara,
District - Saran (Chapra)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Tiwary
For the Opposite Party/s : Mr.Pradeep Narain Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 two cases under the Excise Act and
is a woman and allegation is of recovery of 19 litres of liquor
from a gallon from a place situated near Dighwara along with
1000 litres of semi manufactured liquor which was destroyed
and 10 litres of liquor from different places and 500 litres of
semi manufactured liquor was further destroyed.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.5984 of 2026(2) dt.03-02-2026
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recovered from her conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and she came to be
implicated at the instance of Chowkidar and local people but
then it is submitted that if Chowkidar and local people 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. 10,000/- (Rupees
Ten 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 Dighwara P.S. Case
Patna High Court CR. MISC. No.5984 of 2026(2) dt.03-02-2026
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No. 424 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
event if it is found that petitioner has antecedent of more than two
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 two 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. 5,000/- with Advocates’ Association, Patna High
Court within a period of two weeks from today.
(Satyavrat Verma, J)
Sumit/-
U T
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