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Patna High Court

Saliha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

Saliha Devi, a resident of Kaluahi village, was implicated in a case (Police Station Case No. 55 of 2025) for allegedly selling illegal Nepali liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The police recovered 2.4 litres of liquor from a bag she dropped when they arrived, but nothing was found in her conscious possession. She filed an application for anticipatory bail, asserting her innocence, lack of criminal antecedent, and emphasizing that she is a woman. The court considered that the recovery was from an open area, no possession was established, and she had a clean record. Accordingly, the court granted anticipatory bail, directing her to furnish a bail bond of Rs. 10,000 with two sureties within four weeks, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The application was allowed and the bail conditions were imposed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in a case of alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • liquor offence
  • gender consideration
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7790 of 2026
                     Arising Out of PS. Case No.-55 Year-2025 Thana- KALUAHI District- Madhubani
                 ======================================================
                 Saliha Devi Wife of Late Santosh Mahto Resident of Village- Kaluahi,
                 Pasikhana Tol, Police Station- Kaluahi, District- Madhubani.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Md. Soban Asghar, Advocate
                 For the Opposite Party/s :      Mr. Ashok Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026                  Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. This application, for grant of anticipatory bail,

                   arises out of Kaluahi Police Station Case No. 55 of 2025,

                   disclosing offences under Section 30(a) of Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, as per the First

                   Information Report, is that on 15.04.2025 at about 07:15

                   P:M, the police received secret information that the

                   petitioner was selling liquor from a thatched hut next to her

                   house. On such information, police party arrived at the spot

                   and upon seeing the police party, the petitioner dropped a

                   bag on the road in front of her hut and fled into the densely
Patna High Court CR. MISC. No.7790 of 2026(2) dt.17-02-2026
                                            2/3




          populated village. On search of the bag, total 2.4 litres of

          illegal Nepali country-made liquor was recovered.

                        4. Learned counsel for the petitioner submits that

          petitioner is innocent and has falsely been implicated in this

          case. Learned counsel further submits that petitioner is a

          lady and is having no criminal antecedent. Recovery is

          made from in front of the house/thatched hut of the

          petitioner which is an open space, accessible to all and

          sundry. Nothing has been recovered from the conscious

          physical possession of the petitioner.

                       5. Regards being had to the submissions made by

          the parties and taking into consideration the fact that

          petitioner is a lady, nothing has been recovered from the

          conscious physical possession of the petitioner and is

          having clean antecedent, I am inclined to grant the

          petitioner privilege of anticipatory bail.

                       6. This application is, accordingly, allowed.

                       7. Let the petitioner, above named, in the event of

          her arrest or surrender before the Court below within four

          weeks, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like
           Patna High Court CR. MISC. No.7790 of 2026(2) dt.17-02-2026
                                                       3/3




                     amount each to the satisfaction of learned Exclusive Special

                     Judge, Excise Act, Madhubani, in connection with Kaluahi

                     Police Station Case No. 55 of 2025,                 subject to the

                     condition laid down under Section 482 (2) of the Bharatiya

                     Nagarik Suraksha Sanhita.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T


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