Patna High Court
Lalita Devi @ Lalati DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds and verification of her antecedent.
Summary
Lalita Devi applied for anticipatory bail fearing arrest in a case under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, alleging that the alleged seizure of 65 litres of liquor was from the house of Baby Devi, not her possession. She asserted a clean antecedent and highlighted that Baby Devi had already been granted anticipatory bail with a condition to verify her antecedent. The State opposed the bail. The Court, after hearing both sides, directed that Lalita Devi be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of her criminal antecedent under Section 438(2) of the Cr.P.C. If any antecedent 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 Cr.P.C. despite the alleged recovery of liquor from a premises not belonging to her.
- Whether the lack of possession and the petitioner's clean antecedent justify granting provisional anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- clean antecedent
- provisional bail
- verification of antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.73693 of 2025
Arising Out of PS. Case No.-285 Year-2024 Thana- RAJEPUR District- East Champaran
======================================================
Lalita Devi @ Lalati Devi W/o Hiravan Manjhi R/o Village- Madhopur, P.S.-
Rajepur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar
For the Opposite Party/s : Mr. Ganesh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-01-2026 1. Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends her arrest in a case
registered for the offences punishable under Section 274 and
275 of the B.N.S. and Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is a woman
and allegation is of recovery of 65 litres of liquor from the
house of Baby Devi.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from her conscious possession and after even alleged
recovery is from a place which does not belong to the petitioner
and she has no concern or relation with Baby Devi. It is next
Patna High Court CR. MISC. No.73693 of 2025(2) dt.17-01-2026
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submitted that Baby Devi was granted the privilege of
anticipatory bail by an order dated 16.05.2025 in Cr. Misc. No.
26733/2025 with condition that her antecedent was to be
verified.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on her furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise Court No.3, Motihari, East Champaran in
connection with Rajepur P. S. Case No.285 of 2024, subject to
the conditions laid down under Section 438(2) of the Cr.P.C.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed her antecedent before this Court,
Patna High Court CR. MISC. No.73693 of 2025(2) dt.17-01-2026
3/3
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, it is found that
petitioner is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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