Dulari Devi @ Ramdulari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32815 of 2026 Arising Out of PS. Case No.-113 Year-2026 Thana- ADAPUR District- East Champaran ====================================================== 1.
Dulari Devi @ Ramdulari Devi W/o Bhagya Narayan Paswan R/o Village - Shyampur Gaon, P.S - Aadapur, District - East Champaran, Motihari 2.
Sobha Devi W/o Ram Babu Paswan R/o Village - Shyampur Gaon, P.S - Aadapur, District - East Champaran, Motihari 3.
Sawariya Devi @ Fula Devi W/o Ramesh Paswan R/o Village - Shyampur Gaon, P.S - Aadapur, District - East Champaran, Motihari ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Anil Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-05-2026
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and are women and allegation is of recovery of 156 litres of liquor from a place behind the house of the petitioners.
4. Learned counsel for the petitioners submits that 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.32815 of 2026(2) dt.13-05-2026 2/3 recovery is from a place which does not belong to the petitioners but then is adjacent to their house and they came to be implicated at the instance of the Chawkidar and local person but then it is submitted that if the Chawkidar and local person were aware of the involvement of the petitioners in the occurrence then why he did not inform the police prior to the institution of the instant FIR which casts an aspersion on the case of the prosecution.
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 appearing on behalf of the petitioners, let the petitioners, above-named, in the event of their arrest or surrender within a period of six weeks from today, be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- (Rupees Five Hundred) 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 Adapur P.S. Case No. 113 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Patna High Court CR. MISC. No.32815 of 2026(2) dt.13-05-2026 3/3 Trial Court shall verify the criminal antecedent of the petitioners and if it is found that petitioners have antecedent of even one case, it would be presumed that petitioners had concealed their antecedent before this Court at para 3 of the anticipatory bail application in that event the provisional anticipatory bail order shall not be confirmed but if it is found on verification that petitioners are persons with clean antecedent in that event the provisional anticipatory bail order shall be confirmed forthwith. (Satyavrat Verma, J) Kundan/- U T