Patna High Court
Reshmi DeviversusThe State of BIhar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners subject to bond, sureties, and verification of antecedent.
Summary
Reshmi Devi and Gaurav Kumar, the wife and son of Pawan Sah, filed a petition fearing arrest in a case registered under Sections 132, 121(2) and 3(5) of the BNS and Sections 37 and 45 of the Bihar Prohibition and Excise (Amendment) Act, 2022. They argued that they have clean antecedents, were not present at the scene, and were implicated solely due to their relationship with the accused. The State opposed the grant of anticipatory bail. The Court, after considering the submissions, ordered provisional anticipatory bail on the condition that the petitioners surrender within six weeks, furnish a bail bond of Rs.500 with two sureties, and that the trial court verify their criminal antecedent. If any antecedent is discovered, the bail will not be confirmed; if they are found to have a clean record, the bail will be confirmed immediately. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances alleged.
Legislation cited
Subjects
- anticipatory bail
- criminal procedure
- bail conditions
- clean antecedent
- family relation
- Bihar Prohibition and Excise Act
- Section 132
- Section 121(2)
- Section 3(5)
- Section 37
- Section 45
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63151 of 2025
Arising Out of PS. Case No.-105 Year-2025 Thana- BEERPUR District- Begusarai
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1. Reshmi Devi W/O Pavan Sah @ Pavan Shah @ Pavan Saw R/O Village-
Jagdar (Jagdhar), P.S.- Birpur, District- Begusarai
2. Gaurav Kumar S/O Pavan Sah @ Pavan Shah @ Pavan Saw R/O Village-
Jagdar (Jagdhar), P.S.- Birpur, District- Begusarai
... ... Petitioner/s
Versus
The State of BIhar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Binod Kumar No. II, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 06-01-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 132,
121(2) and 3(5) of the BNS as well as Sections 37 and 45 of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.
1 is a woman and the informant alleges that Pawan Sah was
arrested in a drunken condition while other accused including
the petitioners fled away from the house.
4. Learned counsel for the petitioners submits that
petitioners were not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.63151 of 2025(3) dt.06-01-2026
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recovered from their conscious possession. It is further
submitted that petitioners came to be implicated in the instant
case merely for the reason that they are wife and son of Pawan
Sah. It is next submitted that petitioners were not even present at
the place of occurrence.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, let the petitioners above-named, in
the event of their 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.500/- (Rupees Five Hundred) each 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
Birpur P.S. Case No. 105 of 2025, subject to the conditions as
laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioners and
if it is found that petitioners have antecedent of even one case, it
would be presumed that petitioners had concealed their
antecedent before this Court at para 3 of the anticipatory bail
Patna High Court CR. MISC. No.63151 of 2025(3) dt.06-01-2026
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application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioners are persons with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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