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Patna High Court

Nirmala DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                 ======================================================
           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
Patna High Court CR. MISC. No.23689 of 2026(2) dt.09-04-2026
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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
             Patna High Court CR. MISC. No.23689 of 2026(2) dt.09-04-2026
                                                         3/3




                       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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