Created by Fuzzy Cloud

Patna High Court

Mina DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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
                                            2/3




          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
                                                           3/3




                         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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.