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Patna High Court

Most. Manju DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner subject to conditions, with confirmation contingent upon verification of her criminal antecedent.

Summary

Manju Devi was arrested in connection with an alleged offence under Section 30(a) of the Bihar Excise Act involving the recovery of 30 litres of liquor and the destruction of 80 litres of semi‑prepared liquor. She contended that she was not apprehended at the scene, had no possession of the liquor, and that the alleged contraband was located on land not belonging to her. The petitioner’s counsel argued that the complainant (the chowkidar) should have informed police earlier if she was involved, casting doubt on the prosecution’s case. The State opposed the grant of anticipatory bail. The High Court, applying its inherent powers under Section 482(2) of the BNSS, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and ordered verification of the petitioner’s criminal antecedent, stipulating that confirmation of bail would depend on the outcome of that verification.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s lack of possession and non‑apprehension justify the grant of anticipatory bail.
  • Whether the petitioner’s prior criminal antecedent affects the grant of anticipatory bail.
  • Whether conditions under Section 482(2) of the BNSS may be imposed on anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • criminal antecedent
  • liquor offence
  • women accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91646 of 2025
                      Arising Out of PS. Case No.-68 Year-2025 Thana- CHHATAPUR District- Supaul
                 ======================================================
                 Most. Manju Devi W/O Late Sulendra Sardar R/O Vill.- Lalganj Tilathi, Ward
                 No.- 14, P.s- Chattarpur, District- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Prasoon Kumar, Advocate
                 For the Opposite Party/s :       Mr. Chandra Bhushan Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.

                                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 under the excise act and is

                   a woman and allegation is of recovery of 30 liters of liquor from

                   a bamboo orchard behind the house of Mukesh Sardar and 80

                   liters of semi prepared liquor was destroyed.

                                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 even alleged

                   recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.91646 of 2025(2) dt.13-01-2026
                                            2/3




          and is accessible to villagers at large and she came to be

          implicated at the instance of Chowkidar, but then it is submitted

          that if Chowkidar was aware of 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.

                       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 Chattapur

          P.S. Case No. 68 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
            Patna High Court CR. MISC. No.91646 of 2025(2) dt.13-01-2026
                                                        3/3




                      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 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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