Patna High Court
Uma DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedent under Section 482(2).
Summary
Uma Devi, a woman with no prior criminal record, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 82 litres of liquor from a dilapidated house she does not own. She contended that the accusation was fabricated by a chowkidar to pressure her husband, with whom he has a hostile relationship, and that no liquor was found in her conscious possession. The State opposed the bail. The High Court, after considering the petitioner's clean antecedent, gender, and lack of possession, granted provisional anticipatory bail subject to a Rs. 500 bond and two sureties, and conditioned the order on verification of her antecedent under Section 482(2) of the applicable law. The court directed that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether the petitioner’s clean antecedent and lack of possession justify granting bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- liquor seizure
- clean antecedent
- gender considerations
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29485 of 2026
Arising Out of PS. Case No.-524 Year-2025 Thana- MUFFASIL District- West Champaran
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Uma Devi W/o Vijay Dhangar @ Brijesh Kumar Dhangar R/o Village- I.T.I.
Colony ward no. 31, Jai Prakash Nagar, P.s.- Bettiah Muffasil, Distt.- West
Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Kishor Mishra
For the Opposite Party/s : Ms.Anita Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 25-06-2026 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 Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 82 litres of liquor from an old
dilapidated house.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from her conscious possession and even the alleged
recovery is from a house which does not belong to the petitioner
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and she came to be implicated at the instance of Chowkidar with
whom her husband is on an inimical term. It is further submitted
that in order to coerce her husband into submission, Chowkidar
implicated the petitioner in the instant case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. 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 Bettiah Mufassil P.S. Case No. 524 of 2025
subject to the conditions as laid down under Section 482(2) of
the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed her antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if it is found that petitioner is a
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person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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