Patna High Court
Shushila DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of antecedents, with confirmation contingent on the findings.
Summary
Petitioners Shushila Devi and Chhotu Kumar sought anticipatory bail fearing arrest in a case under Sections 30(a) and 30(c) of the Bihar Excise Act for alleged recovery of liquor from premises adjacent to their houses. They argued that no liquor was found in their possession, the recovery was from property not belonging to them, and they were implicated solely due to familial ties with Manoj. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioners' criminal antecedents. If the verification shows the petitioners concealed prior cases, the bail will not be confirmed; otherwise, the provisional bail will be confirmed. The order is subject to Section 482(2) of the BNSS and pending verification by the trial court.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the Bihar Excise Act offences.
- Whether the petitioners' lack of possession and alleged circumstances justify bail.
- Whether the trial court should verify the petitioners' criminal antecedents before confirming bail.
Subjects
- anticipatory bail
- Bihar Excise Act
- section 30
- criminal antecedent
- provisional bail
- liquor recovery
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18813 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- NATIONAL HIGHWAY District-
Samastipur
======================================================
1. Shushila Devi W/O Manoj Chaoudhary R/o Vill.- Mundipur, P.S.- N.H.
Bangra, Dist.- Samastipur
2. Chhotu Kumar @ Chhotan Kumar S/O Jagar Narain Choudhary R/o Vill.-
Mundipur, P.S.- N.H. Bangra, Dist.- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anuj Kumar
For the Opposite Party/s : Mr.Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 25-03-2026 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 Sections 30(a) and
30(c) of the Bihar Excise Act.
3. Learned counsel for the petitioners submits that
petitioner no. 1 has antecedent of one case under the Excise Act
and is a woman and petitioner no. 2 is a person with clean
antecedent and they came to be implicated merely for the reason
that they are wife and brother of Manoj. It is next submitted that
allegation is of recovery of 20 liters of liquor from a place
adjacent to the house of Manoj and 4 liters of liquor from the
Patna High Court CR. MISC. No.18813 of 2026(2) dt.25-03-2026
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house of Amarnath Chaudhary.
4. Learned counsel for the petitioners submits that
petitioners were not apprehended from the spot as such nothing
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 and petitioners
have no concern or relation with Amarnath and they came to be
implicated at the instance of Chowkidar with whom Manoj is on
an inimical term.
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.
5,000/- (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
N.H. Bangra P.S. Case No. 148 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
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event if it is found that petitioner no. 1 has antecedent of more
than one case and petitioner no. 2 has antecedent of even 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, but after verification if it is found that petitioner no.
1 has antecedent of one case only and petitioner no. 2 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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