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Patna High Court

Reeta DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                       3/3




                                  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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