Patna High Court
Gita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court held that the petitioner is entitled to anticipatory bail as the allegations do not establish a prima facie case against her.
Summary
Gita Devi, the widow of the late Sunil Nut, filed an anticipatory bail petition fearing arrest in a case registered under section 30(a) of the Bihar Prohibition & Excise Act for alleged possession of liquor. She argued that her presence at the scene was merely as a fleeing witness and that the liquor was recovered from a road adjacent to her hut, not from her premises, and that she has no prior criminal record. The State opposed the bail, contending that the FIR established prima facie case. The Court examined the facts, the petitioner’s clean record, and the lack of direct involvement, and found no sufficient ground to deny bail. Consequently, the Court granted anticipatory bail subject to a bond of Rs.20,000 with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Bihar Prohibition & Excise Act in the circumstances of the case
- Whether the facts constitute a prima facie case against the petitioner under section 30(a) of the Excise Act
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- section 30(a)
- women
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9123 of 2026
Arising Out of PS. Case No.-4 Year-2026 Thana- PANAPUR District- Saran
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Gita Devi, wife of Late Sunil Nut, R/o Village - Turki Nut Toli, P.S. - Panapur,
Dist. - Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Adv.
For the Opposite Party/s : Mr. Shyameshwar Dayal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 17-02-2026 Heard the parties.
2. The petitioner apprehends her arrest in
connection with Panapur P.S. Case No. 04 of 2026 dated
08.01.2026 registered for the offence punishable under section
30(a) of the Bihar Prohibition & Excise Act, (in short ‘Excise
Act’).
3. The main submissions advanced by petitioner’s
counsel are that the petitioner is a lady and she has been made
accused in connection with the recovery of the alleged liquor
mainly on account of she being found in fleeing position upon
seeing the police party which cannot be made a ground to
implicate her, particularly, in respect of the recovery of the
alleged liquor and further, the recovery of the said liquor was
made from the road adjacent to the hut of the petitioner, not
from the petitioner’s hut. It is lastly submitted that the petitioner
Patna High Court CR. MISC. No.9123 of 2026(2) dt.17-02-2026
2/2
bears no criminal antecedent and her past history is completely
clean, hence, the alleged offence punishable under the Excise
Act, under which the FIR has been registered, does not attract
even prima facie against the petitioner, so, her prayer for
anticipatory bail is not hit by the provisions of section 76(2) of
the Excise Act.
4. Learned APP appearing for the State has opposed
the prayer of the petitioner.
5. In the facts and circumstances of this case as well
as considering the submissions as stated above, coupled with the
pleas of the petitioner, this Court is inclined to grant the relief of
anticipatory bail to the petitioner. Accordingly, let the petitioner
named-above, in the event of her arrest or surrender before the
learned Court below within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the Court concerned in
connection with Panapur P.S. Case No. 04 of 2026, subject to
the conditions as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
annu/-
U T
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