Gayanti Devi, Saran resident granted bail in a case under Bihar Prohibition and Excise Act in absence of any criminal antecedent: Patna High Court

Gyanti Devi, the petitioner sought pre-arrest bail in connection with Garkha P.S. Case No. 729 of 2022 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act because she has got no criminal antecedent.

As per the prosecution story, on November 20, 2022, the informant along with three police personnel was on patrolling duty when he got a secret information that the petitioner and her husband are selling country made liquor in her house. When the informant reached at the place of occurrence at about 05:05 P.M., he saw two persons fleeing. On search, thirty litres of country made liquor was recovered from the back of the house of the petitioner, and, accordingly, a seizure list was prepared. The chaukidar disclosed the name of the two persons as Manoj Kumar Chaudhary (husband of the petitioner) and Gyanti Devi (the petitioner).

The petitioner's counsel submitted that the liquor has been recovered from a place adjacent to the house of the petitioner which cannot be said to be in conscious possession of the petitioner. The APP for the State has opposed the prayer for anticipatory bail of the petitioner.

Taking note of the submission that 30 litres of country made liquor has been recovered from a place adjacent (behind) to the house of the petitioner which cannot be said to be in conscious possession of the petitioner and that the petitioner has got no criminal antecedent, the Court directed that in case of her arrest or surrender within a period of four weeks from today, the petitioner shall be released on bail in connection with Garkha P.S. Case No. 729 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional District and Sessions Judge-Second-cum-Special Judge, Excise 1st, Saran, Chhapra subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code.

The High Court observed that the trial court shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. The bail order was passed by Justice Rajeev Ranjan Prasad on June 3, 2024.