Patna High Court

Bugni Chachi @ Sonmati DeviversusThe State of Bihar

Decided: 19 February 2026
Disposal: DISPOSED
Bench: SATYAVRAT VERMA

Holding

The court granted provisional anticipatory bail to the petitioner, subject to verification of her antecedents and compliance with bail conditions.

Summary

The petitioner, Bugni Chachi, sought anticipatory bail after being implicated in an excise case involving alleged recovery of 175 litres of jawa mahua and 15 litres of liquor. She argued she had no prior criminal record, was a woman, and the alleged contraband was seized from a public area, not from her possession. The prosecution’s case relied on a confessional statement of a co-accused in police custody, which the petitioner’s counsel contended lacked evidentiary value. The court, after considering the submissions, granted provisional anticipatory bail conditioned on a modest bail bond and two sureties, subject to verification of her antecedents by the trial court. The order stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed upon verification.

Issues considered

Whether the petitioner is entitled to anticipatory bail under the circumstances.
Whether the confessional statement of an accused in police custody can form the basis for arrest.
Whether the alleged recovery of contraband from a public place implicates the petitioner.

Subjects

anticipatory bail
excise law
confessional statement
clean antecedent
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7413 of 2026
                      Arising Out of PS. Case No.-664 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Bugni Chachi @ Sonmati Devi Wife of Dinanath Chaudhary R/o Vill. - Ichua
                 Karna, P.S - Nardiganj, Dist - Nawada.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Birendra Kumar
                 For the Opposite Party/s :        Mr.Jagdhar Prasad
                 ======================================================
                 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 his arrest in a case

                   registered for the offences punishable under Sections 30(a) and

                   30(c) of the Bihar Excise Act.

                             3.    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 175 litres of jawa mahua along with

                   15 litres of liquor from a bush near bank of river.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from her conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to public at large and she came to be
Patna High Court CR. MISC. No.7413 of 2026(2) dt.19-02-2026
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          implicated based on confessional statement of Shrawan in police

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

          submitted that petitioner has no concern or relation with

          Shrawan.

                   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 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 Nawada Excise P.S. Case No. 664 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 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
              Patna High Court CR. MISC. No.7413 of 2026(2) dt.19-02-2026
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                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T

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