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Patna High Court

Sunaina DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that anticipatory bail should be granted provisionally, subject to verification of antecedent, under Section 438(2) of the CrPC.

Summary

Sunaina Devi applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for alleged recovery of 23 litres of liquor from a spot adjacent to her house. She contended that she has a clean antecedent, is a woman, and that the liquor was neither in her possession nor on her property, the allegation arising from a dispute involving a watchman and her husband. The State opposed the bail. Justice Satyavrat Verma directed that she be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to conditions under Section 438(2) of the CrPC and verification of her antecedent. The order further provided that if any prior case is discovered, the bail would not be confirmed; otherwise it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Excise Act where the alleged contravention is not in the petitioner’s possession
  • Whether the petitioner’s clean antecedent and gender warrant anticipatory bail
  • Whether the conditions prescribed under Section 438(2) of the CrPC are satisfied

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • clean antecedent
  • provisional bail
  • liquor seizure
  • woman petitioner

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10003 of 2026
                        Arising Out of PS. Case No.-487 Year-2025 Thana- MANJHI District- Saran
                 ======================================================
                 Sunaina Devi W/o Late Bhuar Chaudhary @ Sunil Chaudhary R/o Vill-
                 Mahammadpur, Mathanpura, P.S.- Manjhi, Distt-Saran

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Shweta Anand
                 For the Opposite Party/s :       Ms.Renu Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of her

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and is a woman

                   and allegation is of recovery of 23 litres of liquor from a place

                   adjacent to the wall of the petitioner’s house.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested 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, but then, is adjacent to her house and she came to be
Patna High Court CR. MISC. No.10003 of 2026(2) dt.23-02-2026
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          implicated at the instance of Chaukidar with whom her husband

          is on an inimical term. It is further submitted that if Chaukidar

          was aware of the involvement of the petitioner in the

          occurrence, then why he did not inform the police prior to

          institution of the present F.I.R., which casts an aspersion on the

          case of the prosecution. It is also submitted that petitioner came

          to be implicated only with a view to coerce her husband into

          submission.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on her furnishing bail-bonds in the

          sum of Rs.500/- (Rupees Five Hundred) 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

          Manjhi P. S. Case No.487 of 2025, subject to the conditions laid

          down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.10003 of 2026(2) dt.23-02-2026
                                                           3/3




                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of even one case, then it

                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed her antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, it is found that

                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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