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Patna High Court

Manju DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.88969 of 2025(2) dt.05-01-2026
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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
               Patna High Court CR. MISC. No.88969 of 2025(2) dt.05-01-2026
                                                           3/3




                         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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