Patna High Court
Ramrati Devi @ Bhagrati DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Ramrati Devi, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 20 litres of liquor from a location adjacent to her house. She contended that the liquor was not in her possession, that the complaint was filed on the instigation of a disgruntled chowkidar, and that she is a woman with two prior excise cases. The State opposed her request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and directed verification of her criminal antecedent. The Court stipulated that if more than two prior cases are found, the bail would not be confirmed; otherwise, the provisional order would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Criminal Procedure Code in a case under the Bihar Excise Act.
- Whether the petitioner’s prior criminal antecedent of two cases affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- criminal antecedent
- gender considerations
- liquor seizure
- high court inherent powers
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10162 of 2026
Arising Out of PS. Case No.-361 Year-2024 Thana- KOTWA District- East Champaran
======================================================
Ramrati Devi @ Bhagrati Devi Wife of Late Suraj Dhangar Resident of
Village- Dipau Talwa, P.S.- Kotwa, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Ms. Renu Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 16-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
is a woman and allegation is of recovery of 20 liters of liquor
from a place behind the house of the petitioner along with other
recoveries as detailed in the FIR.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from her conscious possession and even alleged
recovery is from a place which does not belong to the petitioner,
Patna High Court CR. MISC. No.10162 of 2026(3) dt.16-03-2026
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but then is adjacent to her house and she came to be implicated
at the instance of Chowkidar with whom her husband on an
inimical term. It is next submitted that if Chowkidar was aware
of the involvement of the petitioner in the occurrence then why
he did not inform the police prior to institution of the instant
FIR which casts an aspersion on the case of the prosecution. It is
also submitted that the Chowkidar, in order to coerce her
husband into submission, falsely implicated the petitioner.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of her 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.
10,000/- (Rupees Ten Thousand) 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 Kotwa
P.S. Case No. 361 of 2024 subject to the conditions as laid down
under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
Patna High Court CR. MISC. No.10162 of 2026(3) dt.16-03-2026
3/3
in the event if it is found that petitioner has antecedent of more
than two cases then it would be presumed that petitioner, for the
purposes of seeking anticipatory bail, had concealed her
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of two
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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