Patna High Court
Sangeeta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The High Court held that, in the absence of any direct participation by the petitioner and given her clean antecedent, bail must be granted subject to conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Sangeeta Devi, was implicated in a case alleging offences under Sections 272 and 273 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act for allegedly making and selling illegal liquor. The police recovered 5 litres of country‑made liquor and 40 litres of raw material after a chase, but the petitioner was not present at the scene; her name was recorded only through a confessional statement of a co‑accused, Chandrika Ram. The petitioner, claiming innocence and a clean antecedent, applied for bail, arguing that the FIR was based merely on suspicion and secret information. The State opposed the bail. The High Court examined the facts, noted the lack of direct involvement by the petitioner, and considered the bail provisions under Section 482(2) of the B.N.S.S. The Court ordered that the petitioner be released on bail with a bond of Rs. 10,000 and two sureties, subject to verification of her criminal antecedents and other conditions.
Issues considered
- Whether bail should be granted to the petitioner when her alleged involvement is based solely on a co‑accused's statement and she was not present at the scene.
- Whether the FIR filed on the basis of suspicion and secret information suffices to justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
- Indian Penal Code — s. 272, 273
Subjects
- bail
- illegal liquor
- IPC 272
- IPC 273
- Bihar Prohibition and Excise Act
- co‑accused statement
- criminal antecedent
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35484 of 2026
Arising Out of PS. Case No.-480 Year-2021 Thana- BETTIAH CITY District- West
Champaran
======================================================
Sangeeta Devi W/o Rinku Ram R/o Village - Baswariya, P.S - Bettiah Town,
District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Niraj Kumar Sharma, Advocate
For the Opposite Party/s : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 21-05-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner apprehends his arrest in connection
with Bettiah Town P.S. Case No. 480 of 2021, for allegedly having
committed offence under Sections 272 and 273 of the Indian Penal
Code and Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution story, which has been
lodged on the basis of the written report submitted by the
informant to the effect that on 25.08.2021, he proceeded for
patrolling duty along with Police party. He got an information
through the S.H.O of concerned Police Station that petitioner
herein and other co-accused are making and selling illegal liquor.
To verify the authenticity of the said information, the informant
along with the Police party proceeded to Ambedkar Colony. Upon
seeing the police party, the petitioner and others started fleeing
away from there and on chase, one co-accused, namely, Chandrika
Ram was apprehended by the Police however, the petitioner
Patna High Court CR. MISC. No.35484 of 2026(2) dt.21-05-2026
2/3
managed to escape. On search made by the informant and the
Police party, 5 liters of illegal liquor and 40 liters of raw materials
were found, which was dismantled. A seizure list was accordingly
prepared.
4. The learned counsel for the petitioner submits that
the petitioner is innocent and has not committed any offence. The
present first information report has been lodged only on the basis
of suspicion and the name of the petitioner has transpired in the
present case on the basis of the secret information received by the
informant. He further submits that the petitioner was not present at
the place of occurrence and therefore, there is no question of any
recovery being made from her. The petitioner is a lady having
clean antecedent and her name has transpired in the present case
only on the basis of the confessional statement given by the co-
accused Chandrika Ram.
5. Per contra, the learned APP for the State
vehemently opposes the prayer for bail of the petitioner.
6. Having heard the rival submissions and after going
through the records, it appears that 5 liters of country-made liquor
and 40 litres of raw materials were recovered. The petitioner was
not present on the place of occurrence and, therefore, there is no
question of any recovery from her. Her name transpired on the
basis of the statement given by the co-accused before the Police
Patna High Court CR. MISC. No.35484 of 2026(2) dt.21-05-2026
3/3
and the petitioner has got a clean antecedent. Considering the facts
and circumstances of the case, let the petitioner, above named, in
the event of arrest or surrender within a period of six weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Excise Court-I, Bettiah,
West Champaran in connection with Bettiah Town P.S. Case No.
480 of 2021, subject to the conditions as laid down under Section
482(2) of the B.N.S.S., with further condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it is
found that the petitioner has concealed her criminal antecedents,
the court concerned shall take steps for cancellation of bail bond of
the petitioner. However, the acceptance of bail bonds in terms of
the above-mentioned order shall not be delayed for purpose of or
in the name of verification.
(Ritesh Kumar, J)
Ajay/Ashutosh/-
U T
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