Patna High Court
Bimla DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to a bail bond and verification of her criminal antecedents.
Summary
The petitioner, Bimla Devi, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise Act alleging recovery of 47 litres of liquor from a bamboo orchard adjacent to her house. She argued that the liquor was not found in her possession, the alleged recovery site did not belong to her, and the only incriminating evidence was a confessional statement made by her son Raj Kumar while in police custody, which she claimed lacked evidentiary value. The State opposed the bail. The High Court, considering these submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to verification of her criminal antecedents under Section 482(2) of the CrPC. The court clarified that if more than one prior case is found, the bail may be revoked; otherwise, the provisional order will be confirmed. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the confessional statement of the petitioner’s son, made in police custody, is admissible as evidence.
- Whether the absence of liquor in the petitioner’s possession and the location of the alleged recovery preclude arrest.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- Section 30(a)
- Bihar Prohibition and Excise Act
- CrPC Section 482
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14133 of 2026
Arising Out of PS. Case No.-213 Year-2015 Thana- RAUTARA District- Katihar
======================================================
Bimla Devi Wife of Khub Lal Uraon Resident of Village- Tatua Tola, P.S-
Rautara, District- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajendra Prasad Sah, Advocate
For the Opposite Party/s : Ms. Asha Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends her arrest in a case registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 47 litres of liquor from a bamboo
orchard. It is next submitted 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 is accessible to
villagers at large but then is adjacent to her house, as such, she
came to be implicated based on confessional statement of her
Patna High Court CR. MISC. No.14133 of 2026(2) dt.12-03-2026
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son, Raj Kumar in police custody which does not have any
evidentiary value. It is also submitted that no son would
implicate his own mother until pressurized. It is also submitted
that once an accused is implicated in a case relating to excise,
the police starts implicating mechanically either at the instance
of Chowkidar, local person, confessional statement or secret
information without holding a proper investigation.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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-bond in the
sum of Rs.5,000/- (Rupees Five Thousand) with two sureties of
the like amount each to the satisfaction of learned District &
Additional Sessions Judge, Exclusive Special Excise Court-II,
Katihar in connection with Rautara P.S. Case No.213 of 2025,
subject to the conditions laid down under Section 482(2) of the
B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
Patna High Court CR. MISC. No.14133 of 2026(2) dt.12-03-2026
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accepting the provisional bail bond of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his 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 has antecedent of only one case, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sanjay/-
U T
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