Parwati DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31267 of 2026
                     Arising Out of PS. Case No.-120 Year-2022 Thana- KADAMKUAN District- Patna
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           1.     Parwati Devi W/o Kamla Dom @ Suraj Dom R/O- Ambedkar Bhawan Nala
                  Road, P.S- Kadamkuan, District- Patna
           2.     Kali Devi @ Kari Devi W/o Sujit Dom R/O- Ambedkar Bhawan Nala Road,
                  P.S- Kadamkuan, District- Patna
                                                                         ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                  ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Binay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Damodar Prasad Tiwary, A.P.P.
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-06-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of four cases under the Excise

                   Act and petitioner no. 2 has antecedent of two cases under the

                   Excise Act and are women and allegation is of recovery of 130

                   litres of liquor from a place near the house of Rejesh Ram.

                                4. Learned counsel for the petitioners submits that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and even the alleged
Patna High Court CR. MISC. No.31267 of 2026(2) dt.29-06-2026
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          recovery is from a place which does not belong to the

          petitioners and they came to be implicated at the instance of the

          local person but then it is submitted that if the local person was

          aware of the involvement of the petitioners in the occurrence

          then why he did not inform the police prior to the institution of

          the instant FIR which casts an aspersion on the case of the

          prosecution. It is further submitted that once an accused is

          implicated in a case relating to excise the police start

          implicating mechanically either at the instance of the

          Chawkidar, local person, confessional statement or secret

          information without holding a proper investigation of the case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       6. Considering the submissions made by the learned

          counsel appearing on behalf of the petitioners, let the

          petitioners, above-named, in the event of their arrest or

          surrender within a period of six weeks from today, be released

          on provisional anticipatory bail on furnishing bail bonds of

          Rs.20,000/- (Rupees Twenty Thousand) each 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 Kadamkuan P.S. Case No. 120 of 2022, subject to the
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                     conditions as laid down under Section 438(2) of the

                     Cr.P.C./482(2) of the B.N.S.S.

                                  7. However, it is made clear that thereafter the learned

                     Trial Court shall verify the criminal antecedent of the petitioners

                     and if it is found that petitioner no. 1 has antecedent of more

                     than four cases and petitioner no. 2 has antecedent of more than

                     two cases, it would be presumed that petitioners had concealed

                     their antecedent before this Court, at para 3 of the anticipatory

                     bail application, in that event, the provisional anticipatory bail

                     order shall not be confirmed, but, if it is found on verification

                     that petitioner no. 1 has antecedent of only four cases and

                     petitioner no. 2 has antecedent of only two cases, in that event,

                     the provisional anticipatory bail order shall be confirmed

                     forthwith.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T