Patna High Court
Nirmala DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners, subject to bond, sureties and verification of criminal antecedents.
Summary
The petitioners, Nirmala Devi, Puspa Sahani and Subodh Sahani, sought anticipatory bail fearing arrest in a case registered under Sections 190, 132, 121(1), 263 of the B.N.S and Sections 30(a) and 45 of the Bihar Prohibition and Excise Act for alleged recovery of 50 litres of liquor from a house belonging to Gautam. They argued they have clean antecedents, are women, and that the liquor was not in their possession; the case against them rests on confessional statements of Gautam and Satyendra made while in police custody, which they claim lack evidentiary value. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties each, and directed the trial court to verify the petitioners' criminal antecedents before confirming the bail. If any antecedent is found, the bail would not be confirmed for that petitioner. The order was made under Section 482(2) of the B.N.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances.
- Whether confessional statements made by co‑accused in police custody are admissible for the purpose of arrest.
- Whether the property dispute and alleged recovery of liquor justify denial of bail.
Legislation cited
- B.N.S. — s. 121, 132, 190, 263
Subjects
- anticipatory bail
- confessional statements
- property dispute
- liquor seizure
- criminal antecedent
- bail conditions
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23689 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- VAISHALI District- Vaishali
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1. Nirmala Devi Wife of Jai Prakash Sahani Resident of Village- Bhagbatpur
Dharampur, P.S.- Vaishali, District- Vaishali
2. Puspa Sahani @ Puspa Kumari Wife of Subodh Sahani Resident of Village-
Bhagbatpur Dharampur, P.S.- Vaishali, District- Vaishali
3. Subodh Sahani Son of Ramjeet Sahani Resident of Village- Bhagbatpur
Dharampur, P.S.- Vaishali, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sabal Kumar Jha
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 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 Sections 190, 132,
121(1), 263 of the BNS and Sections 30(a) and 45 of Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.1
and 2 are women and allegation is of recovery of 50 litres of
liquor from house of Gautam. It is next submitted that
petitioners were not arrested from the spot as such nothing was
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recovered from their conscious possession and even alleged
recovery is from a place which does not belong to the
petitioners but then they came to be implicated based on
confessional statement of Gautam and Satyendra in police
custody which does not have any evidentiary value. It is next
submitted that Gautam is agnate of petitioners and are having
dispute relating to property as such it might be a possibility that
in order to settle property dispute, the petitioners came to be
implicated in the instant case when they are persons with clean
antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
5. 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 Vaishali P.S. Case No.24/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that thereafter the learned trial court
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thereafter shall verify the criminal antecedents of the petitioners
and in the event if it is found that petitioners have antecedent of
even one case, in that event, it would be presumed that
petitioners had concealed their antecedent before this court, as
such, the provisional anticipatory bail order shall not be
confirmed with respect to those petitioners whose criminal
antecedent does not tally but if after verification the criminal
antecedent as recorded hereinabove tallies with the petitioners in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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