Patna High Court
Jagrita DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court held that anticipatory bail should be granted subject to conditions, as the allegations were based only on suspicion and the petitioner was not present at the alleged site.
Summary
Jagrita Devi sought anticipatory bail after being implicated in a case alleging recovery of 5 litres of illicit country-made liquor from her residence, punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. She argued that she was not present at the location, the area was open to all, and there was no material linking her to the offence beyond suspicion. The State opposed the bail, contending that her name in the FIR precludes such relief. The Court considered the petitioner’s gender, lack of presence at the scene, and the insufficiency of evidence, and granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the B.N.S.S. The application was allowed, permitting her release on bail if arrested within six weeks.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the allegations under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether mere suspicion and the petitioner’s absence from the alleged place of recovery are sufficient grounds to deny anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- criminal procedure
- bail conditions
- gender considerations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8880 of 2026
Arising Out of PS. Case No.-149 Year-2025 Thana- SIKRAUL District- Buxar
======================================================
Jagrita Devi Wife of Pappu Bind @ Pappu Bin Resident of Village- Tetarahar
Bind Toli, P.S.- Sikraul, District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satyapal Singh, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending her arrest in
connection with Sikraul P.S. Case No. 149 of 2025, registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution-case, there is alleged recovery
of 5 litre country-made illicit liquor from the Palani of husk
house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
alleged in the F.I.R. He further submits that the alleged place of
recovery is an open place which is accessible to all and
petitioner was not present at the place of occurrence and she has
Patna High Court CR. MISC. No.8880 of 2026(2) dt.18-02-2026
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no concern with the alleged recovery. In the light of aforesaid
fact, no offence is made out against the petitioner. Petitioner has
two criminal antecedents in which she is already on bail.
Because of having criminal antecedents, petitioner has been
falsely implicated in the present case on the basis of suspicion.
Except suspicion, there is nothing on record to connect the
petitioner with the alleged occurrence.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner and
submits that petitioner is named in the F.I.R. and she cannot
escape from the allegation made in the F.I.R.
6. Considering the facts and circumstances of the
case, petitioner is a lady and she was not found at the place of
occurrence, argument advanced on behalf of both sides and also
taking into consideration the material available on record, 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 anticipatory bail on furnishing bail-bond
of Rs.10,000/- (rupees ten thousand) with two sureties of the
like amount each to the satisfaction of learned Special Judge,
Excise Court No. 2, Buxar in connection with Sikraul P.S. Case
No. 149 of 2025, subject to the conditions as laid down under
Patna High Court CR. MISC. No.8880 of 2026(2) dt.18-02-2026
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Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
K.C.Jha/-
U T
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