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Patna High Court

Anuradha KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to bail bonds, sureties, and verification of the petitioners' criminal antecedents.

Summary

The petitioners, Anuradha Kumari and Archna Kumari, sought anticipatory bail after the police registered a case under Sections 30(a) and 30(d) of the Bihar Excise Act alleging recovery of 100 litres of liquor and 200 litres of Jawa Mahua, along with seizure of four motorcycles. They contended that they had clean antecedents, were women, and that the alleged contraband was not found in their conscious possession; the only link to them was a confessional statement by Jagwali Yadav made while in police custody. The State opposed the bail, arguing the seriousness of the offences. Justice Satyavrat Verma, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioners furnishing bail bonds of Rs. 500 each with two sureties and subject to verification of their criminal antecedents by the trial court. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 482(2) of the BNSS in a case registered under the Bihar Excise Act.
  • Whether the confessional statement of a co-accused in police custody provides sufficient basis to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • confessional statement
  • clean antecedent
  • seizure of liquor
  • women defendants
  • police investigation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6435 of 2026
                     Arising Out of PS. Case No.-362 Year-2025 Thana- KHAGARIA District- Khagaria
                 ======================================================
           1.     Anuradha Kumari W/O Ankesh Kumar R/O Village- Khargi Tirsi, P.S-
                  Gangour, Distt.- Khagaria.
           2.    Archna Kumari W/O Pamua @ Angad Kumar R/O Village- Khargi Tirsi,
                 P.S- Gangour, Distt.- Khagaria.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Anant Kumar 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-02-2026                  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 30(a) and

                   30(d) of the Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and are women

                   and allegation is of recovery of 100 liters of liquor from a

                   poultry form of Ankesh along with 200 liters of Jawa Mahua

                   which was destroyed at the spot and four motorcycles were

                   seized.

                                4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.6435 of 2026(2) dt.04-02-2026
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          petitioners were not apprehended from the spot as such nothing

          was recovered from their conscious possession and are not the

          owner of any of the seized vehicles and came to be implicated

          based on confessional statement of Jagwali Yadav in police

          custody which does not have any evidentiary value. It is also

          submitted that police deliberately implicated the petitioner no. 1

          who is wife of Ankesh.

                       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, 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 Khagaria

          P.S. Case No. 362 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

          in the event if it is found that any of the petitioners have
            Patna High Court CR. MISC. No.6435 of 2026(2) dt.04-02-2026
                                                        3/3




                      antecedent of even one case then it would be presumed that

                      petitioners, for the purposes of seeking anticipatory bail, had

                      concealed their antecedent before this Court, as such, the

                      provisional anticipatory bail order shall not be confirmed, but

                      after verification if it is found that petitioners are persons with

                      clean antecedent in that event the provisional anticipatory bail

                      order shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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