Patna High Court
Mina DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted anticipatory bail to the petitioner, subject to bond, sureties, and verification of antecedent.
Summary
Mina Devi applied for anticipatory bail in a case involving multiple offences under the Bihar Narcotic Substances Act and the Excise Act, arising from a police raid on Nagendra Sahani's house for alleged liquor dealing, during which a crowd allegedly assaulted police. The petitioner, a woman with a clean record, claimed she was merely a bystander who was falsely implicated by the informant and a watchman. The State opposed the bail, arguing the seriousness of the charges. The High Court, considering the petitioner's clean antecedent and the general nature of the allegations, granted provisional anticipatory bail subject to a Rs.5,000 bond, two sureties, and verification of her criminal record. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C.
- Whether the petitioner is likely to tamper with evidence or flee, given the nature of the allegations.
- Whether the allegations against the petitioner are specific enough to deny bail.
Legislation cited
- B.N.S. — s. 109, 115(2), 118(1), 126(2), 132, 190, 191(2), 191(3), 223, 324(4), 351(3), 352
- Cr.P.C. — s. 438(2)
- Excise Act — s. 45
Subjects
- anticipatory bail
- Section 438
- clean antecedent
- false implication
- excise offences
- mob assault
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35258 of 2026
Arising Out of PS. Case No.-370 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
Mina Devi W/o Madan Sahani Resident of village - Panditpur, Malahi Tola,
P.S.- Piprakothi, Distt.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Md. Nazir Ansari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-06-2026 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
Sections 223, 191(2), 191(3), 190, 126(2), 115(2), 118(1),
324(4), 132, 109, 352, 351(3) of the B.N.S. and Section 45 of
the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is a woman
and the informant alleges that based on secret information, the
house of Nagendra Sahani was raided as it was informed that he
deals in liquor and when police was reached at the place of
occurrence, it is alleged that 40-50 people gathered and they
blocked the police from going to the house of Nagendra by
Patna High Court CR. MISC. No.35258 of 2026(2) dt.29-06-2026
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cutting tree and even assaulted the police force leading to injury
and also damaged the police vehicle.
4. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that petitioner is not related to
Nagendra and from perusal of the allegations as alleged in the
FIR, it would manifest that allegations are general and omnibus
in nature and the petitioner along with others came to be
implicated at the instance of Chaukidar. It is also submitted that
petitioner lives nearby to the place of occurrence as such out of
inquisitiveness, she came to the place of occurrence to witness
the ruckus and thus came to be implicated.
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
Patna High Court CR. MISC. No.35258 of 2026(2) dt.29-06-2026
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with Piprakothi P. S. Case No.370 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 even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed her 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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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