Patna High Court
Rina DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners subject to bond, sureties, and verification of criminal antecedents.
Summary
The petitioners, three women from Piparahiya village, were implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly recovering 40 litres of liquor from a bush near the Kataha river. They contended that they have clean antecedents, were not arrested at the spot, and were falsely implicated by a chowkidar with motives against their husbands. The State opposed their prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on furnishing a bail bond of Rs. 500 with two sureties and directed the trial court to verify the petitioners' criminal antecedents. If any antecedent is found, the bail would not be confirmed for that petitioner; otherwise, the provisional order would be confirmed. The order was made under Section 482(2) of the Criminal Procedure Code.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in the case registered under Section 30(a) of the Bihar Excise Act.
- Whether the alleged false implication by the chowkidar affects the merit of the bail application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- false implication
- criminal antecedent
- women
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19795 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- Nawalpur District- West Champaran
======================================================
1. Rina Devi Wife of Pramod Chaudhary R/o Village -Piparahiya Bihari yadav
Ke Tola, P.S. - Nawalpur, District - West Champran.
2. Kalawati Devi W/o Dina Chaudhary @ Dina Faudar R/o Village -Piparahiya
Bihari yadav Ke Tola, P.S. - Nawalpur, District - West Champran.
3. Premshila Devi W/o Bhuti Mukhiya R/o Village -Piparahiya Bihari yadav
Ke Tola, P.S. - Nawalpur, District - West Champran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Niraj Kumar Sharma
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 26-03-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and are women and
allegation is of recovery of 40 litres of liquor from a bush near
bank of Kataha river.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.19795 of 2026(2) dt.26-03-2026
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recovered from their conscious possession and even the alleged
recovery is from a place which does not belong to the
petitioners and is accessible to public at large and they came to
be implicated at the instance of Chowkidar with whom their
husbands are on an inimical term. It is also submitted that it
appears that the Chowkidar falsely implicated the petitioners
with a view to coerce their husbands into submission. It is next
submitted that if Chowkidar was aware about the involvement of
the petitioners in the occurrence, then why he did not inform the
police prior to institution of the instant 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 within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) 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 Nawalpur P.S. Case No. 34 of 2026, subject
to the conditions as laid down under Section Section 482(2) of
the BNSS.
Patna High Court CR. MISC. No.19795 of 2026(2) dt.26-03-2026
3/3
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 petitioners have 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 with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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