Patna High Court
Pinki Devi @ Piku DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioners, subject to bond, sureties, and verification of criminal antecedent.
Summary
The petitioners, six residents of Karamlichak Purbi Bagicha, sought anticipatory bail fearing arrest in a case registered under IPC sections 147, 149, 341, 342, 353, 504, 506 and Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 4,400 litres of liquor from a person named Rahul. They contended that they were not present at the spot of the alleged offence, had no conscious possession of the liquor, and were merely present to free Rahul, asserting clean criminal antecedents. The State opposed the bail, arguing the seriousness of the offences. The Court, after hearing both sides, granted provisional anticipatory bail conditioned on each petitioner furnishing a bail bond of Rs. 500 with two sureties and subject to verification of their criminal antecedents by the trial court. It further directed that if any petitioner is found to have concealed a prior case, the provisional bail would not be confirmed for that individual, but if the antecedent check is clean, the bail would be confirmed.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under the circumstances described
- Whether the conditions imposed by the Court, including verification of criminal antecedent, are appropriate
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Settlement Scheme (BNSS) — s. 482(2)
- Indian Penal Code — s. 147, 149, 341, 342, 353, 504, 506
Subjects
- anticipatory bail
- criminal antecedent
- IPC offences
- Bihar Excise Act
- liquor seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4201 of 2026
Arising Out of PS. Case No.-359 Year-2020 Thana- BYPASS District- Patna
======================================================
1. Pinki Devi @ Piku Devi Wife of Vishashwar Kumar @ Vishashwar Sah @
Visheshwar Sah R/O- Karamlichak Purbi Bagicha, P.S.- Bypass, Dist- Patna
2. Chandan Kumar Son of Gopal Sao R/O- Karamlichak Purbi Bagicha, P.S.-
Bypass, Dist- Patna
3. Chandan Kumar Son of Sanjay Mahto R/O- Karamlichak Purbi Bagicha,
P.S.- Bypass, Dist- Patna
4. Tuntun Sao Son of Shiv Sao R/O- Karamlichak Purbi Bagicha, P.S.- Bypass,
Dist- Patna
5. Vishashwar Kumar @ Vishashwar Sah @ Visheshwar Sah Son of Shiv Sao
@ Shiv sah R/O- Karamlichak Purbi Bagicha, P.S.- Bypass, Dist- Patna
6. Sunni Kumar @ Sunny Kumar Son of Ram Babu Mehta @ Ram Babu
Mahto R/O- Karamlichak Purbi Bagicha, P.S.- Bypass, Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Jharkhandi Upadhyay
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 03-07-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 147, 149,
341, 342, 353, 504 and 506 of IPC and Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioners submits that the
petitioners are person with clean antecedent and petitioner no. 1
Patna High Court CR. MISC. No.4201 of 2026(3) dt.03-07-2026
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is a woman and allegation is of recovery of 4.400 litres of liquor
from possession of Rahul.
4. Learned counsel for the petitioners submits that the
petitioners were not arrested from the spot as such nothing was
recovered from their conscious possession and they are alleged
to have gathered at the place of occurrence with an intent to free
Rahul hence came to be implicated.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs. 500/- (Rupees Five Hundred) each
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 Bypass P.S. Case No. 359 of 2020, subject to
the conditions as laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioners and in the
event if it is found that petitioners have antecedent of even one
case then it would be presumed that petitioners, for the purposes of
seeking anticipatory bail, had concealed their antecedent before
Patna High Court CR. MISC. No.4201 of 2026(3) dt.03-07-2026
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this Court, as such, the provisional anticipatory bail order shall not
be confirmed with respect to that petitioner who had concealed his
criminal antecedent before this Court, but after verification if it is
found that petitioners are person with clean antecedent in that
event the provisional anticipatory bail order shall be confirmed
forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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