Patna High Court
Kiran DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to verification of the petitioner’s antecedent and compliance with Section 438(2) conditions.
Summary
Kiran Devi applied for anticipatory bail under Section 438 of the Criminal Procedure Code in a case registered under Section 30(a) of the Excise Act for alleged possession of 10 litres of liquor from one house and 20 litres from her own house. She contended that she has a clean antecedent, is a woman, and the liquor was located in a joint family property, not in her exclusive possession, and the FIR did not disclose the informant. The State opposed the bail. The Court, after hearing both sides, ordered provisional anticipatory bail on condition that she furnish bail bonds of Rs.500 with two sureties and comply with the conditions of Section 438(2). The order further directed that the trial court verify her antecedent and, if any prior case is found, the bail may be withdrawn; otherwise, the provisional bail will be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in a case under Section 30(a) of the Excise Act
- Whether the circumstances of joint family property and lack of exclusive possession justify granting bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor possession
- clean antecedent
- joint family property
- women
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89936 of 2025
Arising Out of PS. Case No.-729 Year-2025 Thana- BODHGAYA District- Gaya
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Kiran Devi Wife of Faguni Manjhi @ Pahari Manjhi @ Faguni Manjhi
Resident of Village- Old Taridih, Bodh Gaya, P.S.- Bodh Gaya, District- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhandev Kumar
For the Opposite Party/s : Mr.Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of her
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is a woman
and allegation is of recovery of 10 litres of liquor from the
house Goli Devi and 20 litres of liquor from house of the
petitioner.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from her conscious possession and even the house in
question is a joint family property and thus, it cannot be alleged
Patna High Court CR. MISC. No.89936 of 2025(3) dt.22-01-2026
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with certainty that it was the petitioner, who had kept the liquor
in the house or the liquor kept in the house was within her
knowledge and she came to be implicated at the instance of
local person, but the name of the person, who disclosed the
name of the petitioner is not disclosed in the F.I.R., which casts
an aspersion on the case of the prosecution, when admittedly
petitioner is a person with clean antecedent.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 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.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
Bodh Gaya P. S. Case No.729 of 2025, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. 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.89936 of 2025(3) dt.22-01-2026
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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 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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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