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Patna High Court

Sabita Kumari @ Sabita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with conditions under Section 482(2).

Summary

The petitioner, Sabita Kumari, a government servant, applied for anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Excise Act alleging recovery of 1.5 litres of liquor from her government quarters. She contended that the complaint was filed by her son‑in‑law, an Inspector CID, who harboured a personal grievance after her husband filed a case against him, and that no liquor was found in her possession at the time of arrest. The State opposed the bail, but could not refute the allegation of a vendetta‑driven complaint. The Court granted provisional anticipatory bail, conditioning it on the petitioner furnishing bail bonds and two sureties, and directed the trial court to verify her criminal antecedents. If any prior case is discovered, the bail would be cancelled; otherwise, the provisional order would be confirmed. The order was communicated to the Senior Superintendent of Police, Patna.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the informant’s personal animus invalidates the credibility of the FIR.
  • Whether the petitioner’s clean antecedent warrants the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • government servant
  • false complaint
  • personal vendetta
  • Section 30 Bihar Excise Act
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7735 of 2026
                    Arising Out of PS. Case No.-965 Year-2025 Thana- SHASTRINAGAR District- Patna
                 ======================================================
                 Sabita Kumari @ Sabita Devi W/o Chaman Rishi R/o Govt Q No.F/18, Board
                 Colony, PS- Shastri Nagar, Dist- Patna
                                                                          ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sunil Kumar Pathak
                 For the Opposite Party/s :      Mr.Braj Kishore Pd.(App)
                                                 Mr. Manoj Kumar Singh, Adv
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   23-02-2026               1.    Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                             2.    The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Section 30(a) 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

                   is a government servant and allegation is of recovery of 1.5

                   litres of liquor from the government quarter of the petitioner.

                             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 she came to be

                   implicated at the instance of informant, who is her son-in-law

                   and is an Inspector with the CID. It is next submitted that since
Patna High Court CR. MISC. No.7735 of 2026(2) dt.23-02-2026
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          petitioner is not on cordial term with her son-in-law, as such the

          son-in-law taking advantage of his position in the police, got her

          implicated with an allegation that meagre amount of liquor was

          recovered from her government quarter. It is further submitted

          that petitioner, being a government servant, is well aware of the

          consequence which would entail in the event if she is implicated

          in a case relating to excise. It is also submitted that husband of

          the petitioner, namely, Chaman Rishi, had instituted an FIR

          with Shasti Nagar PS against the instant informant under

          Section 85 and 3(5) of BNS read with Sections 3 and 4 of DP

          Act on 14-12-2025. It is next submitted that informant being

          aggrieved by the fact that his father-in-law instituted a case against

          him got his mother-in-law implicated in the instant case to coerce

          his father-in-law into submission. Learned counsel further submits

          that the Excise law is draconian and a government servant, if

          implicated in a case relating to excise, the chances of his/her

          services being terminated is imminent, but then the same is subject

          to a departmental proceeding. It is also submitted that the

          informant got the petitioner implicated through his minor son, who

          is staying with the petitioner and his mother. It is submitted that it

          does not appear probable that a 12-year old boy would have

          disclosed the name of his own maternal grandmother alleging that

          she had kept the liquor in the house. It is next submitted that police
Patna High Court CR. MISC. No.7735 of 2026(2) dt.23-02-2026
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          in a mechanical manner investigates and implicates without

          realising the trauma a person faces, when he/she is implicated in a

          case relating to Excise. Learned counsel for the petitioner further

          submits that bail i.e., anticipatory and regular relating to Excise

          law has burdened this Court with unwanted litigation. It is also

          submitted that if the anticipatory and regular bail application

          relating to Excise is decided in one go that would amount to

          lessening the burden of the High Court with respect to bail

          application by 40%.

                   5.     Learned A.P.P. for the State and learned counsel

          appearing on behalf of the informant opposes the prayer for

          anticipatory bail of the petitioner, but then learned counsel

          appearing on behalf of the informant is not in a position to rebut

          the submission of the learned counsel appearing on behalf of the

          petitioner that father-in-law of the informant instituted Shastri

          Nagar PS Case No. 940 of 2025 and that petitioner is mother-in-

          law of the informant.

                   6.     Learned counsel appearing on behalf of the

          petitioner, at this stage, submits that one can well imagine the

          grievance the informant has with his in-laws, including the

          petitioner that he has rushed to this Court to oppose the

          anticipatory bail application of his mother-in-law.

                   7.     After hearing the learned counsel for the parties,
              Patna High Court CR. MISC. No.7735 of 2026(2) dt.23-02-2026
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                        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 Shastri

                        Nagar P.S. Case No. 965 of 2025, subject to the conditions as

                        laid down under Section 482(2) of the BNSS.

                                 8.     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

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.

                                 9.     Let a copy of this order be communicated to the

                        Senior Superintendent of Police, Patna, for his perusal.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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