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Patna High Court

Parwati DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                                           3/3




                         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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