Patna High Court

Pramila DeviversusThe State of Bihar

Decided: 17 March 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

Provisional anticipatory bail is granted to the petitioner, subject to verification of a clean criminal antecedent and compliance with the conditions imposed.

Summary

Petitioner Pramila Devi, a woman with a clean antecedent, feared arrest in a case registered under Section 30(a) of the Bihar Excise Act and several IPC provisions relating to rioting, assault and unlawful assembly. The FIR alleged that 4.4 litres of liquor were recovered from a person named Rahul and that the accused, including the petitioner, attempted to forcibly free Rahul from police custody, causing a ruckus. The petitioner sought anticipatory bail, arguing she was not in possession of the liquor and the FIR was vague. The State opposed the bail. The High Court granted provisional anticipatory bail on condition of a Rs. 500 bond with two sureties, subject to verification of the petitioner’s criminal antecedent under Section 482(2) of the BNSS, and ordered that the bail be confirmed only if she is found to have a clean record.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances alleged in the FIR
Whether the allegations in the FIR constitute sufficient ground to deny anticipatory bail
Whether the requirement of a clean criminal antecedent must be satisfied before confirming anticipatory bail

Legislation cited

BNSS — s. 482(2)
Indian Penal Code — s. 147, 149, 34, 341, 342, 353, 504, 506

Subjects

anticipatory bail
bail bond
criminal antecedent
excise law
liquor possession
IPC offences
section 482
high court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16074 of 2026
                         Arising Out of PS. Case No.-359 Year-2020 Thana- BYPASS District- Patna
                 ======================================================
                 Pramila Devi wife of Ranjeet Saw Resident of karmali chak Begampur, PS
                 -Bypass PO -Patna City, Patna, Bihar

                                                                                      ... ... Petitioner
                                                        Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Basheer Faizi, Advocate
                 For the Opposite Party/s :        Ms. Pushpa Sinha, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                     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 offence punishable under Section 30(a) of the

                   Bihar Excise Act and Sections 147, 149, 341, 342, 353, 504, 506

                   and 34 of the IPC.

                                   3. Learned counsel for the petitioner submits that

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

                   allegation is of recovery of 4.4 liters of liquor from possession

                   of Rahul.

                                   4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from her conscious possession, it is next submitted

                   that petitioner has been implicated in the instant case along with
Patna High Court CR. MISC. No.16074 of 2026(2) dt.17-03-2026
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          others with an allegation that the accused persons tried to

          forcibly free Rahul from police custody and thus created a

          ruckus. It is further submitted that allegation as alleged in the

          FIR is general and omnibus in nature.

                          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 within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds 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 Bypass P.S. Case No. 359 of 2020 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

          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 seeking anticipatory bail, had concealed his

          antecedent before this Court, as such, the provisional

          anticipatory bail order shall not be confirmed, but after
           Patna High Court CR. MISC. No.16074 of 2026(2) dt.17-03-2026
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                     verification if 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)
Gaurav Sinha/-

U      T

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