Patna High Court
Parwati DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court held that, given the petitioner’s clean antecedent, lack of possession of the alleged liquor and the absence of a named informant, provisional anticipatory bail should be granted subject to verification of antecedents.
Summary
Petitioner Parwati Devi applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with an alleged offence under Section 30(a) of the Excise Act involving the alleged recovery of 50 litres of liquor. The petitioner argued that she has a clean antecedent, is a woman, and that the liquor was recovered from a public place not under her possession, with no informant named in the FIR. The State opposed the bail. The court considered these submissions, noting the lack of possession, the public nature of the place, and the absence of a named informant, and directed that she be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of her antecedents. The court ordered that if any antecedent is discovered, the bail would be revoked; otherwise, it would be confirmed. The application was allowed, granting provisional anticipatory bail with conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in view of the alleged offence under Section 30(a) of the Excise Act.
- Whether the petitioner’s clean antecedent and lack of possession of the alleged contraband justify granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- clean antecedent
- women
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91495 of 2025
Arising Out of PS. Case No.-141 Year-2024 Thana- KADAMKUAN District- Patna
======================================================
Parwati Devi wife of Suraj Ram Resident Of Mohalla - Nala Road Ambedkar
Bhawan Ps -Kadamkuan Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh No. I
For the Opposite Party/s : Mr.Khurshid Anwar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of her
arrest in a case registered for the offences punishable under
Section 30(a) of the Excise Act.
3. The 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 50 litres of liquor from a place
near Ambedkar Bhawan.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from her conscious possession and even 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.91495 of 2025(2) dt.12-01-2026
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implicated at the instance of local person, but the name of the
person, who disclosed the name of the petitioner is not disclosed
in the F.I.R., which casts an aspersion on the case of the
prosecution.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on her furnishing bail-bonds in the
sum of Rs.500/- (Rupees Five Thousand) 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 ABP No.4753 of 2025 arising out of Kadam Kuan P. S.
Case No.141 of 2024, subject to the conditions laid down under
Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner 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
Patna High Court CR. MISC. No.91495 of 2025(2) dt.12-01-2026
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would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed his antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, 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)
vikash/-
U T
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