Anita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80599 of 2025 Arising Out of PS. Case No.-225 Year-2025 Thana- PIPRA District- Supaul ====================================================== 1.

Anita Devi W/o Satya Narayan Das @ Satyanarayan Das @ Satnarayan Das R/o Village - Tetrahi, Ward No. 02, P.S - Pipra, District - Supaul 2.

Deepak Kumar @ Dipak Kumar S/o Satya Narayan Das @ Satyanarayan Das @ Satnarayan Das R/o Village - Tetrahi, Ward No. 02, P.S - Pipra, District - Supaul ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Verma, Advocate For the Opposite Party/s :

Mr. Arun Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-12-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. Petitioners apprehend their arrest in a case registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise Act.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no.1 is a woman and allegation is of recovery of 17.4 litres of liquor from a place under a bridge near the house of petitioner no.2. It is next submitted that petitioners were not arrested from the spot, as such, nothing was recovered from his conscious possession and even alleged recovery is from a place which

Patna High Court CR. MISC. No.80599 of 2025(2) dt.10-12-2025 2/3 does not belong to the petitioners and is accessible to public at large and they came to be implicated at the instance of local person but the name of the person who disclosed the name of the petitioners is not disclosed in the FIR which casts an aspersion on the case of the prosecution when petitioners admittedly are persons with clean antecedent.

4. Learned A.P.P. opposes the anticipatory bail application.

5. 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 Court below within a period of six weeks, are directed to be released on provisional anticipatory bail on their furnishing bail-bonds in the sum of Rs.500/- (Rupees Five Hundred) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Judge-I, Supaul in connection with Pipra P.S. Case No.225 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

6. The application stands allowed.

7. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioners shall verify the criminal antecedent of the petitioners and in the event,

Patna High Court CR. MISC. No.80599 of 2025(2) dt.10-12-2025 3/3 if it is found that petitioners have antecedent of even one case, then it would be presumed that petitioners for the purposes of obtaining anticipatory bail had concealed their 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 petitioners are persons with clean antecedent, in that event, the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sanjay/- U T