Anita Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

Anita Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: release in the event of arrest or surrender within 4 weeks on bail bond of Rs.30,000/- (Section 2(1)(d), BNSS 2023) to the satisfaction of Exclusive Special Excise Court-II, Muzaffarpur, subject to conditions under Section 482(2) of the BNSS, 2023; antecedent verification ordered without delaying acceptance of the bail bond.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Turki P.S. Case No. 233 of 2024 (lodged under Sections 30(a) & 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022), should be released on anticipatory bail.

Court's answer

Anticipatory bail granted: petitioner to be released on arrest or surrender before the Trial Court within 4 weeks, on furnishing bail bond of Rs.30,000/- under Section 2(1)(d) of the BNSS, 2023, to the satisfaction of Exclusive Special Excise Court-II, Muzaffarpur, in connection with Turki P.S. Case No. 233 of 2024, subject to conditions under Section 482(2) of the BNSS, 2023.

Ratio / Principle

Trial Court directed to verify the criminal antecedent of the petitioner and, if concealment of criminal antecedent is found at any stage, to take steps for cancellation of the petitioner's bail bond.

Key takeaways

Acceptance of the bail bond in terms of the order shall not be delayed for the purpose of, or in the name of, antecedent verification.ratio¶19

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — GRANTED — Petitioner (a lady; counsel submitted she is innocent, nothing recovered from her possession, and she has clean criminal antecedent) apprehending arrest in Turki P.S. Case No. 233 of 2024, dated 05.12.2024, lodged under Sections 30(a) & 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022; prosecution case of total recovery of 10 litres of illicit liquor — Released on anticipatory bail in the event of arrest or surrender before the Trial Court within 4 weeks, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) under Section 2(1)(d) of the BNSS, 2023, to the satisfaction of Exclusive Special Excise Court-II, Muzaffarpur, subject to conditions laid down under Section 482(2) of the BNSS, 2023 — Trial Court to verify criminal antecedent; concealment at any stage to attract steps for cancellation of bail bond; however, acceptance of the bail bond not to be delayed for purpose of or in the name of verification. (Paras 2-7; Dr. Anshuman, J.)

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26876 of 2026

Arising Out of PS. Case No.-233 Year-2024 Thana- TURKI KHARARU DistrictMuzaffarpur

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

Anita Devi W/o Arun Ram Resident of Village- Chadhua, P.S.- Turki, District- Muzaffarpur

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sanjeev Kumar, Advocate For the Opposite Party/s : Mrs. Asha Kumari, APP ======================================================

... ... Opposite Party/s

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 22-04-2026

Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner is apprehending arrest in connection with Turki P.S. Case No. 233 of 2024, dated 05.12.2024, lodged under Sections 30(a) & 37 of the Bihar Prohibition and Excise (Amendment) Act, 2022.

As per the prosecution, total recovery of 10 litres of illicit liquor has been made, which is the subject matter of the present case.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He further submits that nothing has been recovered from the possession of the petitioner. Furthermore, he submits that the petitioner is a lady, having clean criminal antecedent.

Patna High Court CR. MISC. No.26876 of 2026(2) dt.22-04-2026 2/2

Learned APP for the State opposes the prayer for bail of the petitioner.

As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Exclusive Special Excise Court-II, Muzaffarpur, in connection with Turki P.S. Case No. 233 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS , 2023.

It is further directed that the Trial Court shall verify the criminal antecedent of the petitioner, and in case it is found at any stage that the petitioner has concealed his criminal antecedent, the Trial Court shall take steps for cancellation of the petitioner’s bail bond. However, the acceptance of the bail bond in terms of the above-mentioned order shall not be delayed for the purpose of or in the name of verification.

(Dr. Anshuman, J.)

Aman Kumar/-

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