Patna High Court
Chinta DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of her antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Chinta Devi, was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 16 litres of liquor from her residence, which is a joint family property. She contended that she has a clean antecedent, was not in actual possession of the liquor, and was falsely implicated by a watchman due to a dispute with her husband. The State opposed her request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that she furnish a bail bond of Rs. 500 with two sureties and that the trial court verify her criminal antecedent. If any prior case is found, the bail will not be confirmed; if she is found to have a clean record, the bail will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged possession of liquor under Section 30(a) of the Bihar Excise Act
- Whether the petitioner’s lack of actual possession and clean antecedent justify the grant of anticipatory bail
- Whether the High Court may impose conditions under Section 482(2) of the BNSS while granting anticipatory bail
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- joint family property
- false implication
- clean antecedent
- Section 482
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29764 of 2026
Arising Out of PS. Case No.-21 Year-2026 Thana- BARABAR TOURIST District- Jehanabad
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Chinta Devi W/o Munnilal Chaudhary @ Munni Chaudhary R/o Village -
Belabirra, PS - Bishunganj, District - Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar
For the Opposite Party/s : Mr. Umeshanand Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-05-2026 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
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 16 liters of liquor from house of the
petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from her conscious possession and the house in
question is a joint family property, as such, it cannot be alleged
with certainty that it was petitioner who had kept the liquor in
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the house or the liquor kept in the house was within her
knowledge 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 Chowkidar, in order to coerce her
husband into submission, falsely implicated the petitioner.
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 before the learned Trial Court
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 Barabar
Paryatan P.S. Case No. 21 of 2026 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
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confirmed, but after verification if it is found that petitioner is a
person with clean antecedent in that event the provisional
anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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