Patna High Court
Reena Devi @ Rina DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Narcotic Substances Act — s. 317(4), 317(5)
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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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