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2026 DAILYLAW 5765 (PAT)

Rina Devi v. The State of Bihar

CR. MISC./19795/2026 · 2026-03-26

Satyavrat Verma

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19795 of 2026 Arising Out of PS. Case No.-34 Year-2026 Thana- Nawalpur District- West Champaran ====================================================== 1. Rina Devi Wife of Pramod Chaudhary R/o Village -Piparahiya Bihari yadav Ke Tola, P.S. - Nawalpur, District - West Champran. 2. Kalawati Devi W/o Dina Chaudhary @ Dina Faudar R/o Village -Piparahiya Bihari yadav Ke Tola, P.S. - Nawalpur, District - West Champran. 3. Premshila Devi W/o Bhuti Mukhiya R/o Village -Piparahiya Bihari yadav Ke Tola, P.S. - Nawalpur, District - West Champran. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Niraj Kumar Sharma For the Opposite Party/s : Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 26-03-2026 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 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 40 litres of liquor from a bush near bank of Kataha river. 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.19795 of 2026(2) dt.26-03-2026 2/3 recovered from their conscious possession and even the alleged recovery is from a place which does not belong to the petitioners and is accessible to public at large and they came to be implicated at the instance of Chowkidar with whom their husbands are on an inimical term. It is also submitted that it appears that the Chowkidar falsely implicated the petitioners with a view to coerce their husbands into submission. It is next submitted that if Chowkidar was aware about the involvement of the petitioners in the occurrence, then why he did not inform the police prior to institution of the instant FIR, which casts an aspersion on the case of the prosecution. 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 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 Nawalpur P.S. Case No. 34 of 2026, subject to the conditions as laid down under Section Section 482(2) of the BNSS. Patna High Court CR. MISC. No.19795 of 2026(2) dt.26-03-2026 3/3 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 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. Sumit/- (Satyavrat Verma, J) U T