Patna High Court
Pinki Devi @ Pinkee DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional bail subject to conditions under Section 438(2) of the Cr.P.C.
Summary
Pinki Devi applied for anticipatory bail in a case alleging offences under Sections 30(a) and 37(c) of the Excise Act for the alleged recovery of nine litres of liquor from a bush behind her father‑in‑law's house. The petitioner argued she has a clean antecedent, is a woman, and that no liquor was found in her possession as she was not arrested at the spot. The prosecution relied on a confessional statement of Nirmal Chaudhary made in police custody, which the court held had no evidentiary value. The High Court, applying Section 438(2) of the Cr.P.C., granted provisional anticipatory bail on the condition that the petitioner furnish bail bonds of Rs.500 with two sureties and that the trial court verify her antecedent. The order stipulated that if any prior case is discovered, the bail would be cancelled; otherwise, it would be confirmed.
Issues considered
- Whether anticipatory bail should be granted in the absence of arrest and possession of the alleged liquor
- Whether a confessional statement made by a co‑accused in police custody can be relied upon for bail considerations
- Whether the petitioner’s clean antecedent and gender warrant the grant of anticipatory bail
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 37(c)
Subjects
- anticipatory bail
- Excise Act
- Section 438 CrPC
- clean antecedent
- confessional statement
- liquor seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6404 of 2026
Arising Out of PS. Case No.-49 Year-2025 Thana- BHANAS District- Rohtas
======================================================
Pinki Devi @ Pinkee Devi W/o Nilesh Chaudhary R/o Village- Basdiha Tola,
Basdiha, PS- Bhanas, Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Babu Nandan Prasad
For the Opposite Party/s : Ms.Shaheen Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 04-02-2026 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) and 37(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 09 litres of liquor from a bush
behind the house of Nirmal Chaudhary.
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 he came to be
Patna High Court CR. MISC. No.6404 of 2026(2) dt.04-02-2026
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implicated based on confessional statement of Nirmal
Chaudhary (her father in-law) in police custody, which does not
have any evidentiary value, 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
Bhanas P. S. Case No.49 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
would be presumed that petitioner for the purposes of obtaining
Patna High Court CR. MISC. No.6404 of 2026(2) dt.04-02-2026
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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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