Patna High Court

Guddi DeviversusThe State of Bihar

Decided: 1 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of her antecedent, and ordered confirmation if no prior case is found.

Summary

Guddi Devi applied for anticipatory bail under Section 438 of the Cr.P.C. after a case was registered against her for alleged contravention of Section 30(a) of the Excise Act involving the recovery of 40 litres of liquor from an e‑rickshaw. The petitioner argued that she has a clean antecedent, is a woman, was not arrested at the spot, and that the only evidence against her is a confessional statement made by Chandan while in police custody, which she contended lacks evidentiary value. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of her criminal antecedent. It clarified that if any antecedent is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed. The application for anticipatory bail was allowed.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C. in a case under Section 30(a) Excise Act.
Whether the confessional statement of a co‑accused made in police custody can be the basis for denying anticipatory bail.
Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2)
Excise Act — s. 30(a)

Subjects

anticipatory bail
Section 438 Cr.P.C.
Excise Act
Section 30(a)
confessional statement
clean antecedent
e‑rickshaw

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21430 of 2026
                      Arising Out of PS. Case No.-828 Year-2025 Thana- GAURICHAK District- Patna
                 ======================================================
                 Guddi Devi W/O Babloo ram Resident of - Usfa, P.S.- Pachrukhiya, Dist-
                 Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Jha
                 For the Opposite Party/s :       Mr.Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of her

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and is a woman

                   and allegation is of recovery of 40 litres of liquor from an E-

                   rickshaw.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from her conscious possession and is not the owner of

                   the seized vehicle and she came to be implicated based on

                   confessional statement of Chandan in police custody, which
Patna High Court CR. MISC. No.21430 of 2026(2) dt.01-04-2026
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          does not have any evidentiary value.

                       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 her arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on her furnishing bail-bonds in the

          sum 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

          Gaurichak P. S. Case No.828 of 2025, 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 even one case, then it

          would be presumed that petitioner for the purposes of obtaining

          anticipatory bail had concealed her 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
               Patna High Court CR. MISC. No.21430 of 2026(2) dt.01-04-2026
                                                           3/3




                         petitioner is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T

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