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Patna High Court

Sangeeta DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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