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Patna High Court

Ritu DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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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