Patna High Court
Sita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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
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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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