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Patna High Court

Fuljhari DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner under Section 438(2) Cr.P.C., subject to verification of her criminal antecedent.

Summary

The petitioner, Fuljhari Devi, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, alleging recovery of ten litres of liquor from a village area not under her exclusive control. She asserted a clean criminal record and argued that the liquor was not in her conscious possession and that the FIR omitted the informant’s name, casting doubt on the prosecution’s case. The State opposed her request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditions under Section 438(2) of the Cr.P.C. The order stipulated that the trial court must verify the petitioner’s antecedent; if any prior case is found, the bail will not be confirmed, otherwise it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the Criminal Procedure Code in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • bail conditions
  • clean antecedent
  • liquor offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.63133 of 2025
                      Arising Out of PS. Case No.-59 Year-2025 Thana- DERNI BAZAR District- Saran
                 ======================================================
                 Fuljhari Devi Wife of Sakaldip Ray Resident of Village - Kherikiya (Sutihar),
                 Police Station - Derni, District - Saran at Chapra.
                                                                              ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Avinash Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar No. 2, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-01-2026                  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 offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 10 litres of liquor from Khirkiya village.

                                4. Learned counsel for the petitioner submits that

                   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 and

                   is accessible to villagers at large. It is further submitted that

                   petitioner came to be implicated at the instance of local person but

                   then name of the person who disclosed the name of the petitioner is

                   not disclosed in the FIR which casts an aspersion on the case of the
           Patna High Court CR. MISC. No.63133 of 2025(3) dt.06-01-2026
                                                       2/2




                     prosecution.

                                  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, let 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.500/- (Rupees Five Hundred) 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 Derni P.S. Case No. 59 of 2025, subject to the conditions as laid

                     down under Section 438(2) of the Cr.P.C.

                                  7. It is made clear that thereafter the learned trial court

                     shall verify the criminal antecedent of the petitioner and if it is found

                     that petitioner has antecedent of even one case, it would be presumed

                     that petitioner had concealed her 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 petitioner is a person 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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