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Patna High Court

Anjali Kumari @ Anjali DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioners subject to bail bond, sureties and verification of criminal antecedent.

Summary

The petitioners, Anjali Kumari and Kamini Devi, sought anticipatory bail fearing arrest in a case involving multiple offences under the Bihar Penal Code and the Bihar Excise Act, alleging they have clean antecedents and were not directly involved in the alleged recovery of liquor from Bashista Ray's shop. They contended that they were implicated only to coerce their relative, Ravi Kumar, and that they were not arrested at the scene. The State opposed the grant of anticipatory bail. The Court, after hearing both sides, ordered provisional anticipatory bail on the condition of furnishing bail bonds and sureties, and directed the trial court to verify the petitioners' criminal antecedents before confirming the bail. It further warned that concealment of any antecedent would lead to denial of confirmation. The order was made under Section 482(2) of the Bihar Criminal Procedure Code.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail despite pending charges under Sections 126(2), 115(2), 109, 132, 262, 263, 352, 351(2), 191(2), 190 of the Bihar Penal Code and Section 30(a) of the Bihar Excise Act.
  • Whether the alleged involvement in the liquor recovery and alleged assistance in freeing Ravi Kumar from police custody justifies denial of anticipatory bail.

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482(2) CrPC
  • criminal antecedent
  • liquor seizure
  • women
  • Bihar Penal Code
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91817 of 2025
                       Arising Out of PS. Case No.-1052 Year-2025 Thana- MAHUA District- Vaishali
                 ======================================================
           1.     Anjali Kumari @ Anjali Devi Wife of Ravi Kumar Resident of Village-
                  Parsaunia, P.S.- Mahua, District- Vaishali
           2.    Kamini Devi @ Kamini Kumari Wife of Raushan Kumar Resident of
                 Village- Parsaunia, P.S.- Mahua, District- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Anuj Kumar
                 For the Opposite Party/s :        Mr.Braj Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-01-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 109, 132, 262, 263, 352, 351(2), 191(2) and 190 of BNS

                   and Section 30(a) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are person with clean antecedent and are women and

                   allegation is of recovery of 12.09 litres of liquor from shop of

                   Bashista Ray.

                             4.    Learned counsel for the petitioners submits that the

                   petitioners were not arrested from the spot as such nothing was
Patna High Court CR. MISC. No.91817 of 2025(2) dt.13-01-2026
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          recovered from their conscious possession and the alleged

          recovery is from the shop of Bashista and petitioners came to be

          implicated with an allegation that they along with other accused

          persons freed Ravi Kumar from police custody. It is next

          submitted that petitioners being related to Ravi Kumar came to

          be implicated only with a view to coerce Ravi and Bashista into

          submission.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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) each 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 Mahua

          P.S. Case No. 1052 of 2025, subject to the conditions as laid

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

                   7.     It is made clear that thereafter the learned Trial Court

          shall verify the criminal antecedent of the petitioners and in the

          event if it is found that petitioners have antecedent of even one

          case then it would be presumed that petitioners, for the purposes of
              Patna High Court CR. MISC. No.91817 of 2025(2) dt.13-01-2026
                                                          3/3




                        seeking anticipatory bail, had concealed their antecedent before

                        this Court, as such, the provisional anticipatory bail order shall not

                        be confirmed with respect to that petitioner who had concealed his

                        criminal antecedent before this Court, but after verification if it is

                        found that petitioners are 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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