Patna High Court
Koyali DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of her criminal antecedents and compliance with bail conditions.
Summary
The petitioner, Koyali Devi, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing six litres of liquor recovered from a straw house on her premises. She argued that the liquor was not in her conscious possession, the straw house is accessible to villagers, and that an adversary may have planted the liquor to implicate her family. The petitioner also highlighted that she has only one prior case under the Excise Act and is a woman, seeking protection from arrest. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and directed verification of her criminal antecedents. It further stipulated that if more than one prior case is found, the bail would not be confirmed, whereas confirmation would follow if only one prior case is verified.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- liquor possession
- straw house
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90951 of 2025
Arising Out of PS. Case No.-505 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
Koyali Devi W/O Late Chotelal Chaudhary R/O Village- Bhitaha Ward No.
12, P.S- Bairiya, Distt.- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap
For the Opposite Party/s : Ms. Sucheta Yadav
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and is
a woman and allegation is of recovery of 6 litres of liquor from
a straw house of the petitioner. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from her conscious possession and the straw house is
a place outside the house and thus is accessible to villager at
large. It is further submitted that it appears that someone
inimical to the family conceal meager amount of liquor in the
Patna High Court CR. MISC. No.90951 of 2025(2) dt.12-01-2026
2/3
straw house of the petitioner with an intent to implicate the
entire family members. It is also submitted that it does not
appear probable that a person would use her own premise for
committing an occurrence and thus would create evidence
against herself and hence would get implicated.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.5000/- (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 Bairiya
P.S. Case No.505/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
concealed her antecedent before this court, as such, the
Patna High Court CR. MISC. No.90951 of 2025(2) dt.12-01-2026
3/3
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
Checking your session…