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Patna High Court

Sudama DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of her antecedent.

Summary

Sudama Devi, the wife of Hitesh Singh, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act for the recovery of 15 litres of liquor, a country-made pistol and three live cartridges from her husband's house. The petitioner argued that she was not present at the scene, had no possession of the contraband, and was implicated solely because of her marital relationship, with the informant (chowkidar) failing to report her involvement earlier. The State opposed the bail, contending that the allegations warranted her arrest. The Court, considering her gender, clean antecedent, and lack of direct involvement, granted provisional anticipatory bail subject to a bond of Rs.500 and two sureties, and directed verification of her criminal record by the trial court. It further stipulated that if any antecedent is discovered, the bail would not be confirmed, but if she remains clean, the bail would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Excise Act.
  • Whether the petitioner’s marital relationship and lack of direct possession justify granting bail.

Subjects

  • anticipatory bail
  • excise law
  • liquor seizure
  • firearm possession
  • gender considerations
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.858 of 2026
                     Arising Out of PS. Case No.-288 Year-2025 Thana- CHAUTHAM District- Khagaria
                 ======================================================
                 Sudama Devi Wife of Hitesh Singh Resident of village - Tegachhi, P.S.-
                 Chautham, District - Khagaria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Santosh Kumar Singh
                 For the Opposite Party/s :       Mr.Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-01-2026               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 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

                   allegation is of recovery of 15 litres of liquor along with country

                   made pistol and three live cartridges from the house of Hitesh

                   Singh.

                             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 based on the fact that she is wife of Hitesh based on
Patna High Court CR. MISC. No.858 of 2026(2) dt.19-01-2026
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          the disclosure made by the Chowkidar, but then it is submitted

          that if the Chowkidar was aware about the involvement of the

          petitioner in the occurrence, then why he did not inform the

          police prior to institution of the instant FIR, which casts an

          aspersion on the case of the prosecution. It is also submitted that

          petitioner has been implicated only to coerce Hitesh 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 and also taking into consideration that

          petitioner is a woman, 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 Chautham P.S. Case

          No. 288 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
              Patna High Court CR. MISC. No.858 of 2026(2) dt.19-01-2026
                                                          3/3




                        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.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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