Patna High Court
Savita Kumari @ Savita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, subject to bail bonds, sureties, and verification of the petitioner’s antecedent as per Section 438(2) Cr.P.C.
Summary
The petitioner, Savita Kumari, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of three litres of liquor. The petitioner argued that she has a clean antecedent, is a woman, and that the alleged liquor was recovered from a kiosk not belonging to her, with the case based solely on her husband's confession made in police custody. The State opposed the anticipatory bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of her antecedent and compliance with Section 438(2) CrPC conditions. The Court clarified that if any criminal antecedent is discovered, the provisional bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act involving alleged liquor recovery.
- Whether the confession of the petitioner’s husband made in police custody can form the basis for implicating the petitioner.
- Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.
- What conditions under Section 438(2) of the Cr.P.C. must be imposed on anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- liquor seizure
- clean antecedent
- confession in custody
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13130 of 2026
Arising Out of PS. Case No.-454 Year-2025 Thana- NASRIGANJ District- Rohtas
======================================================
Savita Kumari @ Savita Devi W/O Chhotan Kumar Resident of Village- P.S.
Nasriganj, District-Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashikant
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 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 03 litres of liquor from a kiosk.
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
and she came to be implicated based on confessional statement
of her husband in police custody, which does not have any
Patna High Court CR. MISC. No.13130 of 2026(2) dt.10-03-2026
2/3
evidentiary value. It is also submitted that no husband would
implicate his wife until he is pressurized to take her name.
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
Nasriganj P. S. Case No.454 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
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
Patna High Court CR. MISC. No.13130 of 2026(2) dt.10-03-2026
3/3
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
Checking your session…