Patna High Court
Nirjala Devi @ Chandrakala DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to Section 438(2) Cr.P.C. conditions and verification of the petitioner’s antecedents.
Summary
The petitioner, Nirjala Devi, applied for anticipatory bail anticipating arrest in a case involving alleged offences under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Excise Act, relating to the recovery of eight litres of liquor from an auto. The petitioner argued that she was not arrested at the scene, had no possession of the liquor, and was implicated solely on a confessional statement made by Subodh Yadav while in police custody, which she claimed lacked evidentiary value. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs 5,000 with two sureties and that the trial court verify her criminal antecedents. The order stipulated that if more than one prior case is found, the bail would be presumed obtained by concealment and could be revoked; otherwise, the bail would be confirmed. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged offences under the Bihar Narcotic Substances Act and the Excise Act.
- Whether a confessional statement recorded in police custody can form the basis for denying anticipatory bail.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5)
- Criminal Procedure Code — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- confessional statement
- excise law
- narcotic law
- Section 438 CrPC
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20620 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- BHAIRAVSHTHAN District- Madhubani
======================================================
Nirjala Devi @ Chandrakala Devi W/o Rajesh Paswan R/o vill- Raiyam, PS-
Bhairabasthan, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti
For the Opposite Party/s : Mr.Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of his
arrest in a case registered for the offences punishable under
Sections 274, 275 and 3(5) of the B.N.S. and Section 30(a) of
the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and allegation is of recovery of 08 litres of liquor from an auto.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated based on
confessional statement of Subodh Yadav in police custody,
Patna High Court CR. MISC. No.20620 of 2026(2) dt.31-03-2026
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which does not have any evidentiary value. It is next submitted
that police in majority of cases implicating innocent persons
either at the behest of Chaukidar, local person, secret
information and confessional statement in a mechanical manner
without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, in the
event of his arrest or surrender before the learned Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on his furnishing bail-bonds in the
sum of Rs.5,000/- (Rupees Five Thousand) 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 Bhairabasthan P. S. Case No.14 of 2026, subject to the
conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than one case, then
Patna High Court CR. MISC. No.20620 of 2026(2) dt.31-03-2026
3/3
it would be presumed that petitioner for the purposes of
obtaining anticipatory bail had concealed his antecedent before
this Court, in that event, the present provisional anticipatory bail
order shall not be confirmed, but if on verification, it is found
that petitioner has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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