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Patna High Court

Savitri DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties, and verification of her criminal antecedents.

Summary

Savitri Devi, a woman with no prior criminal record, sought anticipatory bail after learning that she might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, concerning the alleged recovery of nine litres of liquor from a public bush. She argued that the liquor was not found in her possession, the location was public, and the FIR did not disclose the informant who implicated her, casting doubt on the prosecution's case. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties, subject to verification of her antecedents by the trial court. If any prior case is discovered, the bail will not be confirmed; if she is found to have a clean record, the bail will be confirmed immediately. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the FIR and the lack of a disclosed informant render the prosecution's case insufficient for arrest
  • Whether Section 482(2) of the B.N.S.S. permits the provisional bail order with conditions

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • FIR
  • public place
  • bail bond
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26501 of 2026
                      Arising Out of PS. Case No.-12 Year-2026 Thana- HATHUA District- Gopalganj
                 ======================================================
                 Savitri Devi Wife of Suresh Sah Resident of Village- Chainpur, P.S.- Hathua,
                 District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pankaj Kumar Dubey
                 For the Opposite Party/s :       Mr. Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                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 9 litres of liquor from a bush near

                   Chath ghat. It is next submitted that petitioner was not arrested

                   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 and is accessible to public at

                   large and she came to be implicated at the instance of local

                   person but then the name of the person who disclosed the name
Patna High Court CR. MISC. No.26501 of 2026(2) dt.22-04-2026
                                            2/3




          of the petitioner is not disclosed in the FIR which casts an

          aspersion on the case of the prosecution, when petitioner has not

          been implicated based on secret information and is a person

          with clean antecedent.

                       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.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 Hathua P.S. Case No.12/2026, 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

          event if it is found that petitioner has antecedent of even 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 is a person with clean
             Patna High Court CR. MISC. No.26501 of 2026(2) dt.22-04-2026
                                                         3/3




                       antecedent, in that event the provisional anticipatory bail order

                       shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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