Patna High Court
Ritu DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail may be granted where the petitioner has a clean antecedent and the alleged recovery was not from her possession, subject to verification and conditions under Section 482(2) of the B.N.S.S.
Summary
Ritu Devi, a woman with no prior criminal record, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of liquor from a thatched hut that does not belong to her. The State opposed the bail, arguing the seriousness of the offence. The petitioner’s counsel highlighted the lack of possession, clean antecedent, and that the recovery was based on secret information. The Court, applying Section 482(2) of the B.N.S.S., granted provisional anticipatory bail conditioned on a modest bail bond and two sureties, directing the trial court to verify her antecedents. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail is appropriate in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s lack of possession and clean antecedent justify granting bail.
- Whether the court may impose conditions under Section 482(2) of the B.N.S.S. in granting anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- Section 30(a)
- clean antecedent
- women
- bail conditions
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7670 of 2026
Arising Out of PS. Case No.-827 Year-2025 Thana- Excise P.S. District- Muzaffarpur
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Ritu Devi Wife of Ram Ratan Rai R/o Village - Simri Fakira, Ward No. 05,
P.S. - Hathauri, Distt. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar
For the Opposite Party/s : Mr. Rajesh Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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 Bihar
Prohibition and Excise Act.
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 102.09 litres of liquor along with 455
litres of spirit from a thatched hut at Simri Farika at Ward No.5. It
is next submitted that petitioner was not arrested from the spot as
such nothing was recovered from her conscious possession and
even alleged recovery is from a hut which does not belong to the
petitioner and she came to be implicated based on secret
information which is the easiest way to implicate someone without
holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.7670 of 2026(2) dt.23-02-2026
2/2
anticipatory bail of the petitioner.
5. 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 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 Excise P.S. Case
No.827/2025, subject to the conditions as laid down under Section
482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one case,
in that event, it would be presumed that petitioner had concealed
her antecedent before this court, as such, the 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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