Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to bond, sureties, and verification of antecedents.
Summary
Manju Devi, the petitioner, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act for alleged recovery of 15 litres of liquor from a public place. She argued that the liquor was not found in her possession, the FIR did not name her, and she had only two prior excise cases, contending that the police investigation was mechanically driven. The State opposed her anticipatory bail application. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the B.N.S.S., directing verification of her criminal antecedents. The order stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the absence of recovery from the accused's possession and non-disclosure in the FIR affect the grant of anticipatory bail.
- Whether the petitioner’s prior criminal antecedents influence the court’s decision on anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- criminal antecedent
- provisional bail
- High Court
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88969 of 2025
Arising Out of PS. Case No.-1227 Year-2025 Thana- ALAMGANJ District- Patna
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Manju Devi Wife of Late Sanjay Choudhary R/O Vill.- Hanuman Ghat, P.S.-
Alamganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nikhil Kumar Singh, Advocate
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends her arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedents of two cases under the Excise Act and
is a woman and allegation is of recovery of 15 litres of liquor
from a blue coloured sack. 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 and is
accessible to public at large and she came to be implicated at the
instance of local person but the name of the person who
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disclosed the name of the petitioner is not disclosed in the FIR
which casts an aspersion on the case of the prosecution. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either at the instance of Chowkidar, local person, confessional
statement or secret information without holding a proper
investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
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, is directed to be released on
provisional anticipatory bail on her furnishing bail-bonds in the
sum of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Court of Excise, Patna City in connection with
Alamganj P.S. Case No.1227 of 2025, subject to the conditions
laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than two cases,
then it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed her antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedents of only two cases, in that event,
the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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