Patna High Court
Urmila DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 438(2) CrPC.
Summary
The petitioner, Urmila Devi, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in a case registered under Sections 30(a) and 30(c) of the Excise Act for alleged recovery of 12 litres of liquor from a structure adjacent to her house. The petitioner argued that she has a clean antecedent, is a woman, and that the alleged liquor was not found in her possession nor on her property. The State opposed the bail, contending that the offence was cognizable. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of her antecedent. The order further stipulated that if any criminal antecedent is discovered, the bail would be revoked; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC in a case under the Excise Act where the alleged contraband was not recovered from the petitioner’s possession.
- Whether the petitioner’s clean antecedent and gender are relevant factors for granting anticipatory bail.
- What conditions should be imposed on the provisional anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 30(c)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- women
- bail bond
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.601 of 2026
Arising Out of PS. Case No.-58 Year-2025 Thana- Mahuli District- Sheikhpura
======================================================
Urmila Devi, Wife of Late Ram Balak Choudhary Resident of village Afardih,
P.S.- Mahuli, Distt.- Sheikhpura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Anupam
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 15-01-2026 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
Sections 30(a), (c) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is a woman
and allegation is of recovery of 12 litres of liquor from a semi
constructed building adjacent to the house of the petitioner.
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, but then, is adjacent to her house and she came to be
Patna High Court CR. MISC. No.601 of 2026(2) dt.15-01-2026
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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, when admittedly petitioner is a person with clean
antecedent.
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.500/- (Rupees Five Hundred) 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
Mahuli P. S. Case No.58 of 2025, 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
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
Patna High Court CR. MISC. No.601 of 2026(2) dt.15-01-2026
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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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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