Patna High Court
Shanti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of her criminal antecedent and compliance with the stipulated conditions.
Summary
Shanti Devi, a woman with no prior criminal record, was implicated in a case alleging possession of one litre of liquor and ten litres of semi‑manufactured liquor, invoking multiple sections of the Bihar Negotiable Substances Act and Section 45 of the Bihar Excise Act. She contended that she was not arrested at the scene, that the FIR falsely claimed her arrest, and that villagers later freed her, making a claim of no conscious possession. The State opposed her request for anticipatory bail. The High Court, considering her clean antecedent and gender, granted provisional anticipatory bail conditioned on a bail bond of Rs. 500 with two sureties, subject to verification of her criminal antecedent by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner’s alleged lack of conscious possession and clean antecedent justify granting bail.
- What conditions, if any, should be imposed on the anticipatory bail order.
Subjects
- anticipatory bail
- women
- liquor possession
- excise law
- criminal antecedent
- provisional bail
- Section 482
- high court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2299 of 2026
Arising Out of PS. Case No.-70 Year-2025 Thana- KARANDAY District- Sheikhpura
======================================================
Shanti Devi W/o Sadhu Kewat R/o - Siyani, P.S - Karandey, District -
Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-01-2026 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 191(2),
191(3), 190, 109, 115(2), 126(2), 324(3), 263(b), 121(1) and 132
of the BNS read with Section 45 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 one liter of liquor along with 10
liters of semi manufactured liquor from possession 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 it has been
Patna High Court CR. MISC. No.2299 of 2026(2) dt.27-01-2026
2/3
falsely alleged in the FIR that petitioner was arrested and
thereafter 20-25 villagers gathered and freed her. It is also
submitted that it does not appear probable that petitioner would
have been freed by the police.
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 and taking into consideration the fact
that petitioner is a woman, 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 Karanday
P.S. Case No. 70 of 2025 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.2299 of 2026(2) dt.27-01-2026
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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