Patna High Court
Radhika DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to bond, sureties, and verification of the petitioner's antecedents.
Summary
The petitioner, Radhika Devi, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging recovery of large quantities of liquor from a neighbour's house and a street in front of her residence. She argued that no liquor was found in her possession, the premises did not belong to her, and the complaint was based on the testimony of a chowkidar who had not reported the matter earlier, casting doubt on the investigation. The State opposed the bail, contending the seriousness of the offence and the petitioner's prior seven excise cases. The Court, considering the submissions, granted provisional anticipatory bail on the condition of a Rs.35,000 bond with two sureties, subject to verification of her criminal antecedents under Section 482(2) of the BNSS. The order stipulated that if more than seven prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed after verification.
Issues considered
- Whether anticipatory bail can be granted under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the recovery of liquor from premises not owned by the petitioner justifies arrest.
- Whether the police investigation was proper given the alleged lack of prior information from the chowkidar.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- police investigation
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90622 of 2025
Arising Out of PS. Case No.-511 Year-2025 Thana- DHAKA District- East Champaran
======================================================
Radhika Devi S/o Langtu Mukhiya @ Langru Mukhiya Resident of Village-
Barharwa Siwan, P.S.- Dhaka, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Karandeep Kumar
For the Opposite Party/s : Ms.Meena Singh
======================================================
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 the
petitioner has antecedent of seven case under the Excise Act and
is a woman and allegation is of recovery of 77.7 litres of liquor
from the house of Madan and 54 litres of liquor from a street in
front of the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from her conscious possession and the house from
which the liquor is alleged to have been recovered does not
Patna High Court CR. MISC. No.90622 of 2025(2) dt.08-01-2026
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belong to the petitioner and and 54 litres of liquor is alleged to
have been recovered from a street in front of the house of the
petitioner, thus the said recovery is also from a place which does
not belong to the petitioner and she came to be implicated at the
instance of Chowkidar, but then it is submitted that if the
Chowkidar was aware about the involvement of the petitioner in
the occurrence, then why he did not inform the police prior to
institution of the instant FIR, which casts an aspersion on the
case of the prosecution. It is further 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.
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.
35,000/- (Rupees Thirty-five Thousand) with two sureties of the
like amount each to the satisfaction of the learned trial court
Patna High Court CR. MISC. No.90622 of 2025(2) dt.08-01-2026
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where the case is pending/successor court in connection with
Dhaka P.S. Case No. 511 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 seven cases 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
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of seven
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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