Patna High Court
Urmila DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to a bond, sureties, and verification of antecedents, with confirmation contingent on the nature of any prior cases.
Summary
The petitioner, Urmila Devi, sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the Bihar Negotiable Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. She argued that the alleged liquor was recovered from a location adjacent to her house, not in her possession, and that the complaint was motivated by a personal dispute with a watchman. The State opposed the bail, contending the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed the trial court to verify her criminal antecedents. It further held that if more than one antecedent case is found, the bail would not be confirmed, whereas a single antecedent would lead to immediate confirmation.
Issues considered
- What is the applicability of anticipatory bail under Section 482(2) of the Bihar Negotiable Substances Act in the present case?
- Whether the circumstances of recovery of liquor and alleged personal enmity justify granting anticipatory bail?
- How should the trial court proceed with verification of the petitioner’s criminal antecedents for confirmation of bail?
Subjects
- anticipatory bail
- Section 482
- excise offence
- bail bond
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24600 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- SATHI District- West Champaran
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Urmila Devi W/o Mangani Pasi R/o Village- Daniyal Parsauna, Police
Station- Sathi, District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vijay Kr Singh No. 1
For the Opposite Party/s : Ms. Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 20-04-2026 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 274, 275
of the BNS and Section 30(a) of Bihar Prohibition and Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and is
a woman and allegation is of recovery of 20 litres of liquor from
a place behind the house of the petitioner. It is next submitted
that petitioner was not arrested from the spot as such nothing
was recovered from his 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.24600 of 2026(2) dt.20-04-2026
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at the instance of chowkidar with whom her brother is on an
inimical term. It is also submitted that if chowkidar was aware
of the involvement of the petitioner in the occurrence then why
he did not inform the police prior to institution of the instant
FIR which casts an aspersion on the case of the prosecution. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of her arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.5000/- (Rupees five thousand) 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 Sathi P.S. Case No.33/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.24600 of 2026(2) dt.20-04-2026
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event if it is found that petitioner has antecedent of more than
one case, in that event, it would be presumed that petitioner had
concealed her antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of one
case, in that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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