Patna High Court
Kavita Devi @ Madhubani Wali @ Babita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to bail bond, sureties, and verification of her antecedent cases.
Summary
The petitioner, Kavita Devi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, where 360 ml of liquor was allegedly recovered from Md. Wakil. She argued that she was not caught in possession, and the case against her relied solely on a confessional statement made by Md. Wakil while in police custody, which she contended lacks evidentiary value. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and subject to Section 482(2) of the B.N.S.S. The court also directed the trial court to verify the petitioner’s criminal antecedents, stipulating that if she has more than four prior cases the bail will not be confirmed, whereas if she has exactly four, the bail will be confirmed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act.
- Whether a confessional statement of a co-accused made in police custody can form the basis for implicating the petitioner.
- Whether the petitioner’s prior criminal antecedents affect the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- excise offence
- confessional statement
- criminal antecedents
- Bihar Prohibition and Excise Act
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38337 of 2026
Arising Out of PS. Case No.-123 Year-2025 Thana- DARBHANGA District- Darbhanga
======================================================
Kavita Devi @ Madhubani Wali @ Babita Devi W/o- Krishna Mahto @
Krishna Kumar @ Kisun Kumar Mahto @ Krishna Kumar Mahto R/v-
Masaraf Bazar Ps- Town Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Madhumala Kumari
For the Opposite Party/s : Mr. Chandra Bhushan Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 1. Heard learned counsel for the petitioner Ms.
Madhubala Kumari and learned A.P.P. for the State Mr. Chandra
Bhushan Prasad.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the Excise act and
is a woman and allegation is of recovery of 360 ml of liquor
from possession of Md. Wakil. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from her conscious possession and she came to be
implicated based on confessional statement of Md. Wakil in
Patna High Court CR. MISC. No.38337 of 2026(2) dt.18-06-2026
2/3
police custody which does not have any evidentiary value. It is
also submitted that once an accused is implicated in a case
relating to excise, the police starts implicating mechanically
either through chowkidar, local person, confessional statement
or secret information without holding a proper investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of her arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.20,000/- (Rupees twenty 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 Town P.S. Case No.123/2025, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
four cases, in that event, it would be presumed that petitioner
had concealed her antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.38337 of 2026(2) dt.18-06-2026
3/3
on verification it is found that petitioner has antecedent of four
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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