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Patna High Court

Rina DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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