Patna High Court
Baby 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 482(2) of the BNSS.
Summary
Baby Devi, a woman with a clean antecedent, sought anticipatory bail fearing arrest in a case under Sections 30(a), 30(d) and 41 of the Bihar Excise Act relating to the alleged recovery of large quantities of liquor from premises adjacent to her house. The prosecution argued that the liquor was recovered nearby and that the petitioner might be implicated, while her counsel emphasized the absence of any possession by her and her clean record. The State opposed the bail. The Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify her antecedent within six weeks. If any prior criminal case is discovered, the provisional bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under the Bihar Excise Act where the accused claims no possession and a clean antecedent.
- Whether the trial court may condition the confirmation of anticipatory bail on verification of the petitioner’s criminal antecedent.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- liquor seizure
- clean antecedent
- Section 482
- provisional bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7057 of 2026
Arising Out of PS. Case No.-381 Year-2025 Thana- SIRDALA District- Nawada
======================================================
Baby Devi W/O Late Chotelal Rajvanshi Resident of Village- Taran, P.S.-
Sirdalla, District- Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Aditya Narayan Singh.1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offences punishable under Sections 30(a),
30(d) and 41 of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 60 liters of liquor from house of
Kapil and 60 liters of liquor from a place behind the house of
petitioner along with 1000 liters of fermented Jawa Mahua
which was destroyed in the forest.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from her conscious possession and even alleged
Patna High Court CR. MISC. No.7057 of 2026(2) dt.19-02-2026
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recovery is from a place which does not belong to the petitioner,
but then is adjacent to her house and as such, she came to be
implicated at the instance of Chowkidar, since her husband is on
an inimical term. It is also submitted that Chowkidar implicated
the petitioner in order to coerce her brother into submission.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 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) 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 Sirdalla
P.S. Case No. 381 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 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 seeking anticipatory bail, had concealed her
Patna High Court CR. MISC. No.7057 of 2026(2) dt.19-02-2026
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antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if 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)
Rishabh/-
U T
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