Patna High Court
Savitri DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- B.N.S.S. — s. 482(2)
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
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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
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antecedent, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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