Patna High Court
Parwati Devi @ Pawarti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court ordered provisional anticipatory bail for the petitioner, subject to verification of her antecedent and compliance with bail conditions.
Summary
Parwati Devi was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly possessing 21.250 litres of liquor at her residence, which is a joint family property. She applied for anticipatory bail, arguing she has a clean antecedent, is a woman, and that the liquor was not in her conscious possession, with the allegation stemming from a local watchman possibly motivated by a personal dispute with her husband. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that she furnish a bail bond of Rs.500 with two sureties and that the trial court verify her criminal antecedent within six weeks. If any antecedent is found, the bail may be revoked; otherwise, it will be confirmed. The order was made under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the Bihar Non‑Serious (BNSS) provisions.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the alleged possession of liquor can be attributed to the petitioner given the joint family ownership of the house.
- Whether the petitioner’s clean antecedent justifies the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- prohibition act
- liquor possession
- joint family property
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7226 of 2026
Arising Out of PS. Case No.-255 Year-2025 Thana- CHANPATIA District- West Champaran
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Parwati Devi @ Pawarti Devi Wife of Hiralal Dhangad @ Hiralal Dhagad
Resident of Village - Lagunaha, Dhangad Tola, Puraina Gusai, P.S.-
Chanpatiya, District - West Champaran, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Mohan, Advocate
For the Opposite Party/s : Mr. Shyameshwar Dayal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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 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 21.250 litres of liquor from the
house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from her conscious possession. It is further submitted
that the house in question is a joint family property, as such, it
cannot be alleged with certainty that it was the petitioner who
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had kept the liquor in the house or the liquor kept in the house
was within her knowledge. It is next submitted that petitioner
came to be implicated at the instance of the Chawkidar and local
person but then it is submitted that it absolutely does not stand
to reason how local persons were came to know that it was
petitioner who had concealed the liquor in the house. It is also
submitted that the husband of the petitioner is on an inimical
term with the Chawkidar, as such, the Chawkidar implicated her
with an intent to coerce her husband into submission.
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 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 Chanpatiya P.S. Case No. 255 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 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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