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Patna High Court

Sita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail may be granted subject to verification of the petitioner’s antecedents and compliance with conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioner, Sita Devi, applied for anticipatory bail after a FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act alleging recovery of 25 litres of liquor from her residence, which is a joint family property. She argued that she has a clean antecedent, is a woman, and that the liquor was not found in her conscious possession nor was she arrested at the scene. The State opposed the bail, contending that the allegations warrant prosecution. The High Court, considering the submissions, granted provisional anticipatory bail subject to a modest bail bond and two sureties, and directed the trial court to verify her antecedents. The order stipulated that if any prior case is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S. in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s lack of conscious possession of the liquor and her clean antecedent justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • clean antecedent
  • joint family property
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91665 of 2025
                     Arising Out of PS. Case No.-316 Year-2025 Thana- KHAGARIA District- Khagaria
                 ======================================================
                 Sita Devi W/O Upendra Choudhary Resident of Village- Ranishakarpur, P.s.-
                 Gangour, Dist.- Khagaria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jai Kishor Poddar
                 For the Opposite Party/s :       Mr. Rabindra Kumar
                 ======================================================
                 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. Rabindra Kumar.

                                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 is a person with clean antecedent and is a woman and

                   allegation is of recovery of 25 litres of liquor from the 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 house in question is a joint family

                   property as such it cannot be alleged with certainty that it was

                   petitioner, who had kept the liquor in the house or the liquor

                   kept in the house was within her knowledge and she came to be
Patna High Court CR. MISC. No.91665 of 2025(2) dt.13-01-2026
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          implicated at the instance of local person but then the name of

          person who disclosed the name of the petitioner is not disclosed

          in the FIR which casts an aspersion on the case of the

          prosecution.

                       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.500/- (Rupees five hundred) 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 Khagaria

          P.S. Case No.316/2025, 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 even one

          case, in that event, it would be presumed that petitioner had

          concealed her antecedent before this court, as such, the

          provisional anticipatory bail order shall not be confirmed but if
             Patna High Court CR. MISC. No.91665 of 2025(2) dt.13-01-2026
                                                         3/3




                       on verification it is found that petitioner is a person with clean

                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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