Patna High Court
Rinku DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioners subject to bond, sureties and verification of criminal antecedents under Section 482(2) of the BNSS.
Summary
The petitioners, Rinku Devi, Kundan Nut and Suraj Nut, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 210 litres of liquor from a pond adjacent to their house. They argued that the liquor was not in their conscious possession, the FIR omitted the informant’s name, and they have clean or minimal criminal antecedents. The State opposed the bail. The Court, after hearing counsel, granted provisional anticipatory bail conditioned on a bail bond of Rs 5,000 each with two sureties, subject to verification of the petitioners’ criminal records under Section 482(2) of the Bihar Negotiable Sale (BNSS). The order further stipulated that if any petitioner is found to have concealed prior cases, the bail would not be confirmed for that individual. The provisional bail remains in force pending the trial court’s verification.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the alleged facts and the omission of the informant’s name in the FIR justify denial of bail.
- Whether the petitioners’ criminal antecedents affect the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- Section 30
- criminal antecedent
- provisional bail
- bail bond
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15214 of 2026
Arising Out of PS. Case No.-339 Year-2025 Thana- DORIGANJ District- Saran
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1. Rinku Devi Wife of Birendra Nut @ Birendra Nat Resident of village -
Musepur, Police Station - Doriganj, District - Saran at Chapra
2. Kundan Nut Son of Rajesh Nut Resident of village - Musepur, Police Station
- Doriganj, District - Saran at Chapra
3. Suraj Nut Son of Sharwan Nut Resident of village - Musepur, Police Station
- Doriganj, District - Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Narendra Kumar, Advocate
Mr. Akash Ambuj, Advocate
Ms. Anushka Kumari, Advocate
For the Opposite Party/s : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 03-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 is a person with clean antecedent and petitioner
nos. 2 and 3 have antecedent of one case and allegation is of
recovery of 210 liters of liquor from a place near a pond.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.15214 of 2026(3) dt.03-04-2026
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was recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
petitioners, but then is adjacent to their house, as such, they
came to be implicated based on suspicion by local person, but
then the name of the person who disclosed the name of the
petitioners is not disclosed in the FIR which casts an aspersion
on the case of the prosecution
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their 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.
5000/- (Rupees Five Thousand) each 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
Doriganj P.S. Case No. 339 of 2025 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 petitioners and
in the event if it is found that petitioner no. 1 has antecedent of
Patna High Court CR. MISC. No.15214 of 2026(3) dt.03-04-2026
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even one and petitioner nos. 2 and 3 have antecedent of more
than one case then it would be presumed that petitioners, for the
purposes of seeking anticipatory bail, had concealed their
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed with respect to the
petitioner who had concealed his antecedent, but after
verification if it is found that petitioner no. 1 is a person with
clean antecedent and petitioner nos. 2 and 3 have antecedent of
only one case, in that event the provisional anticipatory bail
order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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