Pravila Devi @ Pramila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15307 of 2026 Arising Out of PS. Case No.-399 Year-2025 Thana- HULASGANJ District- Jehanabad ====================================================== Pravila Devi @ Pramila Devi Wife of Akhilesh Manjhi @ Akhlesh Kumar Resident of Village- Raghunathpur, Tola Chemanipar, P.S.- Hulasganj, District- Jehanabad, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mrs. Shaheen Begum, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-03-2026 Heard the parties.
2. The petitioner is apprehending her arrest in connection with Hulasganj P.S. Case No. 399 of 2025 for the offence under section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution story, the Police, on secret information, raided two houses, one of Biru Kumar and other of this petitioner and recovered/seized 10 liters of country-made liquor from the kitchen of both the houses. This led to the FIR.
4. Learned counsel for the petitioner submits that she is a house wife, no role to play in the said recovery which is a joint property, and further, has no criminal antecedent.
5. Further, learned counsel for the petitioner relied on the judgment of the Full Bench of Hon'ble Patna High Court in the
Patna High Court CR. MISC. No.15307 of 2026(2) dt.12-03-2026 2/3 case of Ram Vinay Yadav vs. State of Bihar reported in 2019 (2) PLJR 1089 wherein it has been held that an application for anticipatory bail in a case arising out of Bihar Excise and Prohibition Act can be maintained, despite the bar under Section 76(2) of the Act, if on the basis of allegation made in the FIR, no offence under the said provision is made out.
6. Learned APP opposes the prayer submitting that it is recovered from her kitchen.
7. Taking into account the submissions of the parties and the judgment in the case of Ram Vinay Yadav (supra), as also that the petitioner is a lady having no criminal antecedent and recovery is not from her conscious possession, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.
8. If, however, it is found that contrary to the statement made in paragraph-3, the petitioner has criminal antecedent, the present order shall become infructuous.
9. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Special Excise Judge-I, Jehanabad in connection with Hulasganj P.S. Case No. 399 of 2025 subject to the following
Patna High Court CR. MISC. No.15307 of 2026(2) dt.12-03-2026 3/3 conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation; (iii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;
(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Adnan/- U T