Patna High Court
Umawati Devi @ Umrawati DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to bond, sureties, surrender within six weeks, and verification of her criminal antecedent.
Summary
Umawati Devi sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that the liquor recovered was not in her possession and was seized from premises adjacent to her house. She has a prior case under the Excise Act and contended that the informant, a chawkidar, failed to report her involvement earlier, casting doubt on the prosecution's case. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a Rs.5,000 bond with two sureties and required the petitioner to surrender within six weeks. The order is subject to verification of her criminal antecedent; if more than one prior case is found, the bail will not be confirmed, otherwise it will be confirmed immediately.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in the context of alleged liquor offences under the Bihar Prohibition and Excise Act.
- Whether the absence of liquor in the petitioner’s conscious possession and the role of the chawkidar affect the merits of the bail application.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- liquor seizure
- criminal antecedent
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.458 of 2026
Arising Out of PS. Case No.-424 Year-2025 Thana- DIGHWARA District- Saran
======================================================
Umawati Devi @ Umrawati Devi W/o- Late Firangi Chaudhary R/v- Sitalpur
PS - Dighwara Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and is
a woman and allegation is of recovery of 29 litres of liquor from
two different places along with 10 litres of liquor from a place
near the house of the petitioner and 1500 litres of semi prepared
liquor which was destroyed.
4. 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 the alleged
recovery is from a place which does not belong to the petitioner
Patna High Court CR. MISC. No.458 of 2026(2) dt.15-01-2026
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but then is adjacent to her house, as such, she came to be
implicated at the instance of the Chawkidar but then it is
submitted that if the Chawkidar was aware of the involvement
of the petitioner in the occurrence then why he did not inform
the police prior to the institution of the instant FIR which casts
an aspersion on the case of the prosecution.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, let the petitioner above-named, in the
event of her arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds 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 Dighwara
P.S. Case No. 424 of 2025, subject to the conditions as laid
down under Section 438 (2) of the Cr.P.C./482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than one case,
it would be presumed that petitioner had concealed her
Patna High Court CR. MISC. No.458 of 2026(2) dt.15-01-2026
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antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner has antecedent of only one case in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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