Sangita Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Sangita Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Provisional anticipatory bail granted: petitioner, in the event of arrest or surrender before the learned Trial Court within six weeks, to be released on provisional anticipatory bail on bail bonds of Rs. 5,000 with two sureties of the like amount each, subject to conditions under Section 482(2) BNSS; confirmation contingent on Trial Court verification of criminal antecedents (one case only - confirmed forthwith; more than one - presumed concealment, not confirmed).

Issue for consideration

Whether the petitioner, who apprehends arrest in Agiaon (Garhani) P.S. Case No. 154 of 2025 registered for offences under Section 30(a) of the Bihar Excise Act, should be granted anticipatory bail. +1 more

Court's answer

Considering the submissions of counsel for the petitioner, the petitioner is to be released on provisional anticipatory bail in the event of her arrest or surrender before the learned Trial Court within six weeks, on furnishing bail bonds of Rs. 5,000 with two sureties of the like amount each, subject to the conditions laid down under Section 482(2) of the BNSS.

Ratio / Principle

Thereafter the Trial Court shall verify the criminal antecedent of the petitioner; if antecedent of more than one case is found, the petitioner is presumed to have concealed her antecedent before this Court for the purposes of seeking anticipatory bail and the provisional anticipatory bail order shall not be confirmed; if antecedent of one case only is found, the provisional anticipatory bail order shall be confirmed forthwith.

Detailed headnote1 paragraphs

ANTICIPATORY BAIL (PROVISIONAL) - Patna High Court, CRIMINAL MISCELLANEOUS No.81639 of 2025, arising out of Agiaon (Garhani) P.S. Case No. 154 of 2025, District Bhojpur, under Section 30(a) of the Bihar Excise Act. Petitioner, a woman said to have antecedent of one case, apprehended arrest; FIR disclosed recovery of 40 liters of liquor from her house along with other recoveries; counsel urged absence of conscious possession and joint-family-house status. Held (Satyavrat Verma, J, 01-12-2025): petitioner, in the event of arrest or surrender before the learned Trial Court within six weeks, to be released on Provisional anticipatory bail on bail bonds of Rs. 5,000 with two sureties of the like amount each, subject to Section 482(2) BNSS conditions. Confirmation made contingent on the Trial Court verifying criminal antecedents: if more than one case is found, the petitioner is presumed to have concealed her antecedents and the provisional order shall not be confirmed; if one case only is found, it shall be confirmed forthwith.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.81639 of 2025

Arising Out of PS. Case No.-154 Year-2025 Thana- AGIAON District- Bhojpur

======================================================

Sangita Devi Son of Sanjay Choudhary Resident of Village - Barap Mushar Toli, P.S. - Agiaon (Garhani).

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Manoj Kumar, Adv. For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 01-12-2025

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends her arrest in a case registered for the offences punishable under Section 30(a) of the Bihar Excise Act.

Learned counsel for the petitioner submits that petitioner has antecedent of one case and is a woman and allegation is of recovery of 40 liters of liquor from the house of the petitioner along with other recoveries made from different places as disclosed in the FIR.

Learned counsel for the petitioner submits that the petitioner was not apprehended from the spot as such nothing was recovered from her conscious possession and the house in question is a joint family property, as such, it cannot be alleged

Patna High Court CR. MISC. No.81639 of 2025(2) dt.01-12-2025 2/3

with certainty that it was petitioner who had kept the liquor in the house or the liquor kept in the house was within her knowledge and she came to be implicated based on secret information which is the easiest way to implicate someone.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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 Trial Court within a period of six weeks from today, be released on Provisional anticipatory bail on furnishing bail bonds of Rs. 5,000/- (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 Agiaon (Garhani) P.S. Case No. 154 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

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 more than 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

Patna High Court CR. MISC. No.81639 of 2025(2) dt.01-12-2025 3/3

anticipatory bail order shall not be confirmed, but after verification if it is found that petitioner has antecedent of one case only, in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J)

Rishabh/-

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