Patna High Court

Baso DeviversusThe State of Bihar

Decided: 8 January 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents and compliance with conditions under Section 482(2) of the CrPC.

Summary

The petitioner, Baso Devi, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act for alleged recovery of six litres of liquor from a joint family house. She argued that the liquor was not in her conscious possession, the house is jointly owned, and the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and directed verification of her criminal antecedents. If more than one prior case is found, the bail would not be confirmed; if only one prior case, the provisional bail would be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.

Issues considered

Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
Whether the recovery of liquor from a jointly owned house can be attributed to the petitioner.
Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482(2)

Subjects

anticipatory bail
Section 30(a) Bihar Excise Act
joint family property
criminal antecedent
Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90226 of 2025
                         Arising Out of PS. Case No.-216 Year-2025 Thana- DELHA District- Gaya
                 ======================================================
                 Baso Devi W/o Late Arvind Paswan Resident of Village- Badki Delha, P.S.-
                 Delha, District- Gaya Jee

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brijmohan Das, Advocate
                 For the Opposite Party/s :       Mr. Ajay Kumar No. 2, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                  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 has antecedent of one case and is a woman and

                   allegation is of recovery of 6 liters of liquor from a hut.

                                4. Learned     counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from her conscious possession and the house in

                   question is a joint family property, as such, it cannot be alleged

                   with certainty that it was petitioner who had kept the liquor in

                   the house or the liquor kept in the house was within her
Patna High Court CR. MISC. No.90226 of 2025(2) dt.08-01-2026
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          knowledge and she came to be implicated at the instance of

          local person, but then the name of the person who disclosed the

          name of the petitioner is not disclosed in the 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.

          5,000/- (Rupees Five Thousand) 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 Delha

          P.S. Case No. 216 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 more

          than one case then it would be presumed that petitioner, for the

          purposes of seeking anticipatory bail, had concealed her

          antecedent before this Court, as such, the provisional
            Patna High Court CR. MISC. No.90226 of 2025(2) dt.08-01-2026
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                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                (Satyavrat Verma, J)
Rishabh/-

U      T

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