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Patna High Court

Reena Devi @ Rina DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to verification of her antecedent and compliance with the stipulated conditions.

Summary

Reena Devi, a woman with no prior criminal record, was implicated in a case alleging the recovery of 22,200 litres of liquor from three motorcycles, charged under Sections 317(4) and 317(5) of the Bihar Narcotic Substances Act read with Section 30(a) of the Bihar Excise Act. She contended that no liquor was found in her possession and that the case against her was based solely on a confessional statement made by another accused while in police custody, which she argued lacks evidentiary value. The State opposed her request for anticipatory bail. The High Court, considering her gender, clean antecedent, and the weak evidential basis, granted provisional anticipatory bail subject to a modest bail bond, two sureties, and a condition that the trial court verify her antecedent. The order further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted when the accusation rests solely on a confessional statement of another accused in custody.
  • Whether the petitioner’s gender and clean antecedent warrant a more lenient bail order.
  • Whether the provisions of Sections 317(4), 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act preclude anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • confessional statement
  • gender considerations
  • clean antecedent
  • liquor seizure
  • Bihar Narcotic Substances Act
  • Bihar Excise Act
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.180 of 2026
                    Arising Out of PS. Case No.-279 Year-2025 Thana- VIJAYEPUR District- Gopalganj
                 ======================================================
                 Reena Devi @ Rina Devi W/o- Upendra Sah @ Upendra Gond R/v-
                 Bharpurwa @ Bharatpurwa Ps- Vijaipur Dist- Gopalganj
                                                                           ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Baijnath Sah, Advocate
                 For the Opposite Party/s :       Ms. Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  1. 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 offences punishable under Sections 317(4) and

                   317(5) of the BNS read with Section 30(a) of the Bihar Excise Act.

                                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 22.200 liters of liquor from three

                   different motorcycles.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing was

                   recovered from her conscious possession and she came to be

                   implicated based on confessional statement of apprehended accused

                   in police custody which does not have any evidentiary value.

                                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 and taking into consideration the fact that
            Patna High Court CR. MISC. No.180 of 2026(2) dt.15-01-2026
                                                        2/2




                      petitioner is a woman, the petitioner above-named, in the event of

                      her 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. 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 Vijayepur P.S. Case No. 279 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 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 her antecedent before this Court, as

                      such, the provisional anticipatory bail order shall not be confirmed,

                      but after 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)
Rishabh/-
U      T


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