Patna High Court

Roshani DeviversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Roshani Devi, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting illicit liquor after police recovered 13.8 litres of Nepali liquor from bushes outside her house. The recovery was based solely on information from local residents, and no liquor was found in her physical possession or on her premises. The petitioner argued that she is innocent, has no criminal antecedent, and that the alleged contraband was found in an open area accessible to anyone. The court considered the lack of direct possession, the petitioner’s clean record, and the nature of the evidence, and decided to grant anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

Whether anticipatory bail should be granted when the alleged contraband is recovered from an open area outside the accused's premises and no direct possession is established.
Whether the petitioner’s clean antecedent and lack of direct evidence warrant the grant of anticipatory bail under the Bihar Prohibition and Excise Act.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
Bharatiya Nagarik Suraksha Sanhita
Section 482(2)
illicit liquor
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8070 of 2026
                         Arising Out of PS. Case No.-423 Year-2025 Thana- PALASI District- Araria
                 ======================================================
                 Roshani Devi W/o Sunil Yadav @ Gulten R/o vill- Kankhudiya Tola,
                 Kachnahar, ward no. 4, PS- Palasi, District- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Dheeraj Kumar, Advocate
                 For the Opposite Party/s :        Mr. Gulnar Begum, 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 Palasi Police Station Case No. 423 of 2025,

                   disclosing offences under Section 30(a) of Bihar Prohibition and

                   Excise Act.

                                3. As per the FIR, on 23.10.2025, the police got secret

                   information regarding transportation of illicit liquor. On such

                   information, the police party reached the place of occurrence.

                   Upon seeing the police, one female attempted to flee and

                   succeeded. However, her house was raided in the presence of

                   two witnesses, and 13.8 litres of Nepali liquor was recovered

                   from the bushes outside the house of the petitioner. Local people

                   disclosed the fled away person as the petitioner.
Patna High Court CR. MISC. No.8070 of 2026(2) dt.17-02-2026
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                        4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case only on the basis of disclosures made by local people.

          Nothing has been recovered from the conscious physical

          possession and/or premises belonging to the petitioner. The

          alleged recovery was made from bushes outside the petitioner’s

          house, which is an open space accessible to all and sundry.

          Learned counsel lastly submits that petitioner is a lady and is

          having no criminal antecedent.

                       5. Regards being had to the submissions made by the

          parties and taking into consideration the fact that nothing has

          been recovered from the conscious physical possession and/or

          premises belonging to the petitioner, petitioner 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 amount each to the

          satisfaction of learned District and Additional Sessions Judge-

          cum-Exclusive Special Excise Judge II, Araria, in connection
           Patna High Court CR. MISC. No.8070 of 2026(2) dt.17-02-2026
                                                       3/3




                     with Palasi Police Station Case No. 423 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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