Patna High Court
Parwati Devi @ Parwatia DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to conditions under Section 438(2) CrPC.
Summary
Petitioner Parwati Devi applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act concerning alleged recovery of 70 litres of liquor from a public area. The petitioner argued that she was not in possession of the liquor, the alleged recovery site was public, and the FIR omitted the informant's name, casting doubt on the prosecution's case. The State opposed the bail. The Court, applying Section 438(2) of the CrPC, granted provisional anticipatory bail conditioned on a Rs.5,000 bail bond with two sureties and a verification of the petitioner’s criminal antecedent. The order stipulated that if more than one prior case is found, the bail would not be confirmed; otherwise, it would be confirmed. The petitioner also agreed to deposit Rs.1,500 with the Advocates’ Association.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC to a person accused of an offence under Section 30(a) of the Excise Act.
- Whether the existence of prior criminal antecedents affects the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 30(a) Excise Act
- Section 438 CrPC
- bail conditions
- criminal antecedent
- women accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4437 of 2026
Arising Out of PS. Case No.-433 Year-2022 Thana- KADAMKUAN District- Patna
======================================================
Parwati Devi @ Parwatia Devi Wife of Late Suraj Ram R/O- Ambedkar
Bhawan, Nala Road, P.S.- Kadamkuan, District - Patna, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Binay Kumar Singh
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 31-01-2026 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
Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner has antecedent of one case under the Excise Act
and is a woman and allegation is of recovery of 70 litres of
liquor from a place behind a government school.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from her conscious possession and even alleged
recovery is from a place, which does not belong to the petitioner
and is accessible to public at large and she came to be
Patna High Court CR. MISC. No.4437 of 2026(2) dt.31-01-2026
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implicated at the instance of local person, but the name of the
person, who disclosed the name of the petitioner is not disclosed
in the F.I.R., which casts an aspersion on the case of the
prosecution. It is next submitted that police in majority of cases
implicating innocent persons either at the behest of Chaukidar,
local person, secret information and confessional statement in a
mechanical manner without holding a proper investigation.
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
with Kadamkuan P. S. Case No.433 of 2022, 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
Patna High Court CR. MISC. No.4437 of 2026(2) dt.31-01-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of more than 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 has antecedent of one case only, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
9. At this stage, the learned counsel appearing on
behalf of the petitioner based on instruction submits that
petitioner undertakes to deposit an amount of Rs.1500/- with
Advocates’ Association, Patna High Court, Patna within a
period of two weeks from today.
(Satyavrat Verma, J)
vikash/-
U T
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