Patna High Court
Anjali DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of her antecedents by the trial court.
Summary
Anjali Devi, the petitioner, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 21 litres of liquor from a public area adjacent to a railway track and 15 litres from an open field. She contended that she had no prior criminal record, that the liquor was not in her conscious possession, and that the location did not belong to her, questioning the role of the chowkidar who lodged the FIR. The State opposed her request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that she furnish a bail bond of Rs. 500 with two sureties and that the trial court verify her antecedents within six weeks. If any prior case is discovered, the provisional bail will not be confirmed; otherwise, it will be confirmed immediately.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the CrPC in a case under Section 30(a) of the Bihar Excise Act.
- Whether the absence of conscious possession and the public nature of the place from which liquor was recovered negate the basis for arrest.
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- clean antecedent
- public place
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.846 of 2026
Arising Out of PS. Case No.-537 Year-2025 Thana- WARISLIGANJ District- Nawada
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Anjali Devi Wife of Late Lakshman Chaudhary Resident of Village- Hanu
Man Nagar Pasi Tola, P.S.- Warisaliganj, District- Nawadah
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Prawesh Kumar
For the Opposite Party/s : Mr.Ramchandra Sahni
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 17-01-2026 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 offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 21 litres of liquor from pasi tola adjacent to railway
track and 15 litres of liquor from an open field.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from her conscious possession and even the alleged
recovery is from a place which does not belong to the petitioner
and is accessible to public at large and petitioner is not the
Patna High Court CR. MISC. No.846 of 2026(2) dt.17-01-2026
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owner of the field and she came to be implicated at the instance
of Chowkidar but then it is submitted that if the Chowkidar was
aware about the involvement of the petitioner in the occurrence,
then why he did not inform the police prior to institution of the
instant FIR, which casts an aspersion on the case of the
prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 trial court
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
Warisaliganj P.S. Case No. 537 of 2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed her antecedent before this
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Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if 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)
Sumit/-
U T
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