Dhauli Devi @ Amita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14732 of 2026 Arising Out of PS. Case No.-7 Year-2026 Thana- ALAMGANJ District- Patna ====================================================== 1.

Dhauli Devi @ Amita Devi Son of Sumari Lal Sahni @ Somariya Sahni Resident of Gosain Ghat, Jhoparpatti , in front of Machhali Godown, Police Station - Alamganj, District - Patna.

2.

Chhotu Kumar @ Jitendra Kumar Son of Vasudeo Sao Resident of Mohalla - Kedarmath, P.S. - Alamganj, District - Patna. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ravi Shanker Pankaj For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-03-2026 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehends their arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

3.

Learned counsel for the petitioners submits that the petitioners have antecedent of three cases under the Excise Act and petitioner no. 1 is a woman and allegation is of recovery of 200 litres of liquor from Raja ghat near bank of Ganga river. d 4.

Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even the alleged

Patna High Court CR. MISC. No.14732 of 2026(2) dt.13-03-2026 2/3 recovery is from a place which does not belong to the petitioners and is accessible to public at large and they came to be implicated at the instance of local people, but then the name of the person, who disclosed the name of the petitioners is not disclosed in the FIR, which casts an aspersion on the case of the prosecution, when petitioners have not been implicated based on secret information. It is further submitted that once an accused is implicated in a case relating to excise, the police starts implicating mechanically either at the instance of Chowkidar, local person, confessional statement or secret information without holding a proper investigation.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each 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 Alamganj P.S. Case No. 7 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.

Patna High Court CR. MISC. No.14732 of 2026(2) dt.13-03-2026 3/3 7.

It is made clear that thereafter the learned Trial Court shall verify the criminal antecedent of the petitioners and in the event if it is found that petitioners have antecedent of more than three cases then it would be presumed that petitioners, for the purposes of seeking anticipatory bail, had concealed their antecedent before this Court, as such, the provisional anticipatory bail order shall not be confirmed with respect to that petitioner who had concealed his criminal antecedent before this Court, but after verification if it is found that petitioners have antecedent of three cases in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T