Patna High Court
Anuradha KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a), 30(d)
- BNSS — s. 482(2)
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
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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
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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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