Shivpati Devi v. The State of Bihar

Patna HC19 Jan 2026CR. MISC./810/2026

Case brief

AI extract

What is this about?

Anticipatory bail; provisional anticipatory bail; Bihar Prohibition and Excise (Amendment) Act, 2022 S. 30(a); Section 482(2) B.N.S.S.; liquor recovery 20 litres; clean antecedent verification; woman petitioner; Govindganj P.S. Case No.122/2025; East Champaran; Shivpati Devi v. The State of Bihar; CR. MISC. No.810 of 2026; Patna High Court; Satyavrat Verma, J.; bail bond Rs.500/- with two sureties.

What did the court decide?

Provisional anticipatory bail: petitioner to be released on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, upon arrest or surrender within six weeks, subject to Section 482(2) B.N.S.S. conditions; confirmation subject to trial court verification of clean criminal antecedents. ¶¶19

Shivpati Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Govindganj P.S. Case No.122/2025 registered for the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, is entitled to anticipatory bail.

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Court's answer

In the event of her arrest or surrender before the learned Court below within six weeks, the petitioner is to be released on provisional anticipatory bail on furnishing bail bonds of Rs.500/- with two sureties of the like amount each, to the satisfaction of the learned trial court where Govindganj P.S. Case No.122/2025 is pending, subject to the conditions under Section 482(2) of the B.N.S.S.

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Ratio / Principle

The learned trial court shall thereafter verify the criminal antecedents of the petitioner; if she is found to have an antecedent of even one case, it would be presumed that she concealed her antecedent before this court.

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Key takeaways

If verification shows the petitioner has an antecedent, the provisional anticipatory bail order shall not be confirmed; if she is found to be a person with clean antecedent, the provisional anticipatory bail order shall be confirmed forthwith.ratio¶¶22

Detailed headnote1 paragraphs

Anticipatory bail – Patna High Court (Satyavrat Verma, J.) grants provisional anticipatory bail to a woman petitioner apprehending arrest in Govindganj P.S. Case No.122/2025, East Champaran, registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 (alleged recovery of 20 litres of liquor from a sack near her hut); release on bail bonds of Rs.500/- with two sureties of the like amount each upon arrest or surrender within six weeks, subject to conditions under Section 482(2) of the B.N.S.S.; confirmation of the provisional order made conditional on trial-court verification that the petitioner has clean criminal antecedents.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.810 of 2026

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Arising Out of PS. Case No.-122 Year-2025 Thana- GOVINDGANJ District- East Champaran

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

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Shivpati Devi W/o Lalbabu Paswan @ Lalbabu Hazara @ Lal Babu Mahra R/o Village - Ward No. 8, Vindwaliya, P.S - Govindganj, District - East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Kundan Rathore@ Kundan Kumar For the Opposite Party/s : Mr. Awadhesh Kumar Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 19-01-2026

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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The petitioner apprehends her arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment) Act, 2022.

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Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is a woman and allegation is of recovery of 20 litres of liquor from a sack allegedly thrown by the petitioner near her hut. It is next submitted 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 but is adjacent to her house as such she came to be

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Patna High Court CR. MISC. No.810 of 2026(2) dt.19-01-2026 2/3

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implicated at the instance of chowkidar and villager but then it is submitted that if chowkidar and villagers were aware of the involvement of the petitioner in the occurrence then why they did not inform the police prior to institution of the instant FIR which casts an aspersion on the case of the prosecution.

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

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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 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 Govindganj P.S. Case No.122/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

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It is made clear that the learned trial court thereafter shall verify the criminal antecedents of the petitioner and in the event if it is found that petitioner has antecedent of even one case, in that event, it would be presumed that petitioner had concealed her antecedent before this court, as such, the

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Patna High Court CR. MISC. No.810 of 2026(2) dt.19-01-2026 3/3

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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.

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(Satyavrat Verma, J)

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amit/-

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U T

Shivpati Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Shivpati Devi v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

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Parties & counsel

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