Anita Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Anita Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail: petitioner to be released on bail in the event of arrest or surrender within four weeks of the order, on bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Excise Court No. 03, Gaya, subject to conditions under Section 482(2) of the BNSS.

Issue for consideration

Whether the petitioner, named in the F.I.R. and apprehending arrest in Dhangai P.S. Case No. 109 of 2024 registered under Section 30(a) of the Bihar Prohibition and Excise Act, is entitled to be released on bail in the event of arrest or surrender (anticipatory bail). +1 more

Court's answer

The petitioner, in the event of her arrest or surrender before the learned trial Court within four weeks of the order, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Excise Court No. 03, Gaya, subject to the conditions laid down under Section 482(2) of the BNSS.

Ratio / Principle

Recovery of illicit liquor prima facie not made from the conscious physical possession of the petitioner, who is a lady of clean antecedents, the recovery appearing to have been made from the joint house occupied by other adult members of the family.

Key takeaways

Compliance of Section 103(4) of the BNSS regarding search of the premises does not appear to have been followed, making the entire search of the premises doubtful.ratio¶21

Detailed headnote1 paragraphs

Anticipatory bail – Bihar Prohibition and Excise Act, S. 30(a) – petitioner named in F.I.R. of Dhangai P.S. Case No. 109 of 2024 – recovery of 05 litres of IMFL/country-made liquor from the joint house occupied by other adult family members – recovery prima facie not from the conscious physical possession of the woman petitioner, who is of clean antecedents – search of premises not in compliance with S. 103(4) BNSS, making the entire search doubtful – bail granted in the event of arrest or surrender within four weeks on bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Exclusive Excise Court No. 03, Gaya, subject to conditions under S. 482(2) BNSS (Chandra Shekhar Jha, J).

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.20561 of 2025

Arising Out of PS. Case No.-109 Year-2024 Thana- DHANGAI District- Gaya

======================================================

Anita Devi Wife of Ajay Mandal @ Chherani Mandal @ Chheru Mandal, R/O Village - Revda, P.S.- Dhangai, District – Gaya. ... ... Petitioner/s

Versus

The State of Bihar. ... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Sanjay Kumar Sinha, Advocate For the Opposite Party/s : Mr.Raj Kishor Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

2 23-04-2025

Heard learned counsel appearing on behalf of the

petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioner is named in F.I.R. and

apprehending her arrest in connection with Dhangai P.S. Case No. 109 of 2024, registered for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

The allegation against the petitioner is to be engaged

in illegal trading/manufacturing of illicit liquor, where, there is recovery of 05 litres of IMFL/country made from the house.

Considering the submission and upon perusal of

record, it appears that recovery of illicit liquor appears to be made from the joint house of the petitioner, which is occupied by other

adult members of the family and, therefore, prima facie denying

recovery of illicit liquor from conscious physical possession of the

Patna High Court CR. MISC. No.20561 of 2025(2) dt.23-04-2025 2/2

petitioner. It also pointed out that compliance of Section 103(4) of BNSS regarding search of premises also not appears followed, making entire search of the premises doubtful. Petitioner is a man of clean antecedent.

Learned APP opposed the prayer of bail.

Considering the aforesaid facts and circumstances as

recovery of illicit liquor prima facie not appears to be made from the conscious physical possession of this petitioner, who is a lady of clean antecedent, accordingly, above named petitioner, in the event of her arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Court No. 03, Gaya/concerned Court, where the case is pending in connection with Dhangai P.S. Case No. 109 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS.

(Chandra Shekhar Jha, J)

veena/-

U T