Patna High Court
Shobha DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that provisional anticipatory bail may be granted subject to a bail bond, sureties and verification of the petitioner’s antecedents, with confirmation contingent on the outcome of that verification.
Summary
Shobha Devi, a resident of Khagaria, applied for anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of five litres of liquor recovered from a spot adjacent to her house. The petitioner argued that she was not arrested at the scene, had no conscious possession, and that the complainant (the chawkidar) failed to inform police earlier, casting doubt on the prosecution’s case. The State opposed the bail, contending the seriousness of the offence. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedent within six weeks. It further stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the circumstances of alleged recovery and lack of arrest justify granting bail.
- What conditions, if any, should be imposed on the anticipatory bail order.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30
- Bihar Prohibition and Excise Act
- Cr.P.C. Section 438
- BNSS Section 482
- criminal antecedent
- excise offence
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91237 of 2025
Arising Out of PS. Case No.-161 Year-2025 Thana- MORKAHI District- Khagaria
======================================================
Shobha Devi Wife of Manohar Sada Resident of Village - Bachauta, Ward No.
1, P.S. - Morkahi, Dist. - Khagaria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jai Kishor Poddar, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, A.P.P.
======================================================
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 the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case and is a woman and
allegation is of recovery of five litres of liquor from a place
under a tree near the house of the petitioner.
4. 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 alleged
recovery is from a place which does not belong to the petitioner
but then is adjacent to her house, as such, she came to be
implicated based on the suspicion at the instance of the
Patna High Court CR. MISC. No.91237 of 2025(2) dt.12-01-2026
2/3
Chawkidar but then it is submitted that if Chawkidar was aware
of the involvement of the petitioner in the occurrence then why
he did not inform the police prior to the institution of the instant
FIR which casts an aspersion on the case of the prosecution. It is
next submitted that once an accused is implicated in a case
relating to excise the police start implicating mechanically
without holding a proper investigation of the case.
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, let 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 Morkahi
P.S. Case No. 161 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./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 if
it is found that petitioner has antecedent of more than one case,
Patna High Court CR. MISC. No.91237 of 2025(2) dt.12-01-2026
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it would be presumed that petitioner had concealed her
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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