Patna High Court

Shivpati DeviversusThe State of Bihar

Decided: 19 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of her antecedents.

Summary

Shivpati Devi, a woman with no prior criminal record, feared arrest after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing 20 litres of liquor found near her hut. The petitioner argued that the liquor was recovered from a location not under her control and that no contraband was found in her immediate possession, questioning the basis for her arrest. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, ordered provisional anticipatory bail on the condition of a modest bail bond and two sureties, subject to verification of the petitioner’s antecedents. The court stipulated that if any prior case is discovered, the bail would be withdrawn, whereas a clean record would lead to confirmation of the bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged offence under the Bihar Prohibition and Excise (Amendment) Act, 2022.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
prohibition act
liquor possession
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.810 of 2026
                      Arising Out of PS. Case No.-122 Year-2025 Thana- GOVINDGANJ District- East
                                                       Champaran
                 ======================================================
                 Shivpati Devi W/o Lalbabu Paswan @ Lalbabu Hazara @ Lal Babu Mahra
                 R/o Village - Ward No. 8, Vindwaliya, P.S - Govindganj, District - East
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Kundan Rathore@ Kundan Kumar
                 For the Opposite Party/s :       Mr. Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-01-2026                  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 (Amendment) Act, 2022.

                                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 20 litres of liquor from a sack

                   allegedly thrown by the petitioner near her hut. 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 place which does not belong to the

                   petitioner but is adjacent to her house as such she came to be
Patna High Court CR. MISC. No.810 of 2026(2) dt.19-01-2026
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          implicated at the instance of chowkidar and villager but then it

          is submitted that if chowkidar and villagers were aware of the

          involvement of the petitioner in the occurrence then why they

          did not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution.

                       4. Learned A.P.P. for the State opposes the prayer for

          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

          Govindganj P.S. Case No.122/2025, 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
             Patna High Court CR. MISC. No.810 of 2026(2) dt.19-01-2026
                                                         3/3




                       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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