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Patna High Court

Sangita Devi @ Sanjita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail, subject to bond, sureties, and verification of the petitioner’s criminal antecedents under Section 438(2) CrPC.

Summary

Sangita Devi, a woman, applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for alleged recovery of 72 litres of liquor. She argued that the liquor was recovered from a public place, she was not in possession, and the FIR does not name the informant, casting doubt on the prosecution's case. The petitioner has one prior case under the Excise Act. The High Court, after hearing both sides, directed that she be released on provisional anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to the conditions of Section 438(2) of the Criminal Procedure Code. The trial court was instructed to verify her criminal antecedents and confirm the bail if she has only the one prior case, otherwise the bail may be withdrawn.

Issues considered

  • Whether anticipatory bail should be granted under Section 438 CrPC in a case involving alleged contravention of Section 30(a) of the Excise Act.
  • Whether the absence of possession and the lack of an informant's name in the FIR affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • Section 30(a)
  • bail bond
  • criminal antecedent
  • women accused
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32139 of 2026
                  Arising Out of PS. Case No.-284 Year-2025 Thana- KUNDWACHAINPUR District- East
                                                       Champaran
                 ======================================================
                 Sangita Devi @ Sanjita Devi Wife of Ashok Mukhiya Resident of Village-
                 Kharu/Kharuwa PS -Kundwa Chainpur District -East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr.Kundan Rathore Alias Kundan Kumar
                 For the Opposite Party/s :     Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-05-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of her

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and is a woman and allegation is of recovery of 72 litres of

                   liquor from a place near Sainik road charmuhani.

                                4. The learned counsel for the petitioner submits 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
Patna High Court CR. MISC. No.32139 of 2026(2) dt.13-05-2026
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          and is accessible to public at large and he came to be implicated

          at the instance of local person, but the name of the person, who

          disclosed the name of the petitioner is not disclosed in the F.I.R.,

          which casts an aspersion on the case of the prosecution.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on her furnishing bail-bonds in the

          sum of Rs.5,000/- (Rupees Five Thousand) 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 Kundwa Chainpur P. S. Case No.284 of 2025, subject to

          the conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of more than one case, then

          it would be presumed that petitioner for the purposes of
               Patna High Court CR. MISC. No.32139 of 2026(2) dt.13-05-2026
                                                           3/3




                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

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

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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