Patna High Court
Shanti Devi @ Shanti KuwarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents, with confirmation contingent on the finding that she has no more than two prior excise cases.
Summary
Shanti Devi, a woman with two prior excise cases, feared arrest after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 270 litres of liquor from a bush behind her hut. She contended that the liquor was not in her possession, the site did not belong to her, and the complaint was based solely on the testimony of a chowkidar, raising doubts about the investigation. She applied for anticipatory bail, arguing that the police had mechanically implicated her without proper inquiry. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed the trial court to verify her criminal antecedents; if more than two prior cases are found, the bail would not be confirmed, otherwise it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the FIR under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged recovery of liquor from a location not belonging to the petitioner justifies denial of bail.
- Whether the petitioner’s prior two excise cases affect the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- liquor seizure
- Section 30
- Section 482
- prior convictions
- police investigation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91717 of 2025
Arising Out of PS. Case No.-253 Year-2025 Thana- BHELDI District- Saran
======================================================
Shanti Devi @ Shanti Kuwar W/O of Late Laxman Nut R/o Village - Jalalpur,
P.S. -Bheldi, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok
For the Opposite Party/s : Mr. Sanjay Kumar Sharma
======================================================
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.
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 has antecedent of two cases under the Excise Act and
is a woman and allegation is of recovery of 270 litres of liquor
from a bush situated behind the hut 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 even
alleged recovery is from a place which does not belong to the
petitioner but then is adjacent to her house and she came to be
implicated at the instance of chowkidar but then it is submitted
Patna High Court CR. MISC. No.91717 of 2025(2) dt.13-01-2026
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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. It is next submitted that once an accused
is implicated in a case relating to excise, the police starts
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation.
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.10,000/- (Rupees ten 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 Bheldi
P.S. Case No.253/2025, 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
Patna High Court CR. MISC. No.91717 of 2025(2) dt.13-01-2026
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event if it is found that petitioner has antecedent of more than
two cases, 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
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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