Patna High Court

Beby DeviversusThe State of Bihar

Decided: 27 April 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to conditions and verification of her antecedent.

Summary

Beby Devi, a widow from Madhubani, feared arrest in a case under Sections 30(a) and 41(1) of the Bihar Excise Act for alleged recovery of 15 litres of liquor from a bush near her house. She claimed she had no possession of the liquor, that the recovery was from land not belonging to her, and that a hostile chowkidar had falsely implicated her to pressure her husband. The State opposed her request for anticipatory bail. The Court, noting her clean antecedent, gender, lack of direct possession and the possibility of false implication, granted provisional anticipatory bail on the condition of a Rs.500 bail bond and two sureties, subject to verification of her criminal record by the trial court. The order stipulated that if any antecedent is discovered, the bail would be cancelled; otherwise, the provisional bail would be confirmed.

Issues considered

Whether the petitioner is entitled to anticipatory bail in the case registered under the Bihar Excise Act.
Whether the circumstances of alleged false implication and lack of possession justify granting bail.

Legislation cited

Bihar Negotiable Securities Act (BNSS) — s. 482(2)

Subjects

anticipatory bail
Bihar Excise Act
clean antecedent
false implication
gender considerations
Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22830 of 2026
                        Arising Out of PS. Case No.-2 Year-2026 Thana- RS P.S. District- Madhubani
                 ======================================================
                 Beby Devi Wife of Late Satyanarayan Pal R/o Village - Balbhadrapur, P.S.-
                 R.S. (Jhanjharpur), District - Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ravi Prakash
                 For the Opposite Party/s :        Mr. Akbar Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   27-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   41(1) of the Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

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

                   allegation is of recovery of 15 liters of liquor from a bush near

                   the house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from her conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner,

                   but then is adjacent to her house and she came to be implicated
Patna High Court CR. MISC. No.22830 of 2026(3) dt.27-04-2026
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          at the instance of Chowkidar with whom her husband is on an

          inimical term. It is also submitted that the Chowkidar in order to

          coerce her husband into submission, falsely implicated the

          petitioner, when petitioner admittedly is a person with clean

          antecedent.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       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 Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds 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

          Jhanjharpur RS P.S. Case No. 02 of 2026 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 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 seeking anticipatory bail, had concealed her
            Patna High Court CR. MISC. No.22830 of 2026(3) dt.27-04-2026
                                                        3/3




                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner 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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