Patna High Court
Reeta DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to specified conditions and verification of the petitioner’s criminal antecedent.
Summary
Reeta Devi, a woman with two prior excise cases, applied for anticipatory bail fearing arrest in a case under Sections 221, 262, 263 and 3(5) of the Bihar Narcotic Substances Act and Section 45 of the Bihar Prohibition and Excise Act. She alleged false implication by an informant and argued that police mechanically implicate accused without proper investigation, especially in excise matters. The State opposed the bail. The Patna High Court, after considering the petitioner's submissions, granted provisional anticipatory bail conditioned on a Rs.10,000 bail bond with two sureties and a further deposit of Rs.5,000 with the Advocate Association. The order also directed the trial court to verify her criminal antecedent; if more than two prior cases are found, the bail would not be confirmed, otherwise it would be confirmed immediately.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the alleged false implication and her prior criminal antecedent.
Legislation cited
- Bihar Narcotic Substances Act — s. 221, 262, 263, 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- false implication
- excise offences
- criminal antecedent
- women
- bail conditions
- Bihar law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5588 of 2026
Arising Out of PS. Case No.-221 Year-2025 Thana- Gadhiya Bazar District- East Champaran
======================================================
Reeta Devi Wife of Ajay Sahni R/O village - Kothiya, P.S.- Garahiya Bazar,
Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Usha Kumari, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 offences punishable under Sections 221, 262,
263 and 3(5) of the BNS as well as Section 45 of the Bihar
Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
is a woman. It is submitted that informant alleges that petitioner
was an accused in Garahiya Bazar P.S. Case No. 209 of 2025
and, thus, was apprehended from her house but then she escaped
with the help of other accused persons.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that it does not appear
Patna High Court CR. MISC. No.5588 of 2026(2) dt.03-02-2026
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probable that being a woman, the petitioner could have fled
from the police custody. It is next submitted that once an
accused is implicated in a case relating to excise the police start
implicating mechanically either at the instance of the
Chawkidar, local person, confessional statement or secret
information without holding a proper investigation of the case.
It is also submitted that from perusal of the allegation as alleged
in the FIR, it would manifest that no recovery is alleged to have
been made from the house of the petitioner in the instant FIR.
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.10,000/- (Rupees Ten 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 Garahiya
Bazar P.S. Case No. 221 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
BNSS.
Patna High Court CR. MISC. No.5588 of 2026(2) dt.03-02-2026
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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 two cases,
it would be presumed that petitioner had concealed her
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 two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.5,000/- with the Advocate Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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