Patna High Court

CR. MISC./56536/2026 of Suganti Devi @ Subhanti Devi Vs The State of Bihar on 13 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.56536 of 2026 Arising Out of PS. Case No.-218 Year-2026 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1. Suganti Devi @ Subhanti Devi S/o Thabhuk Nut @ Tabhuk Nat R/o Village - Basha

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56536 of 2026

Arising Out of PS. Case No.-218 Year-2026 Thana- BAIKUNTHPUR District- Gopalganj ======================================================

1.

Suganti Devi @ Subhanti Devi S/o Thabhuk Nut @ Tabhuk Nat R/o Village

- Basha Jagdishpur, P.S.- Baikunthpur,District- Gopalganj.

2.

Sanoj Nut @ Saraj Nut S/o Dubha Nut R/o Village - Basha Jagdishpur, P.S.- Baikunthpur,District- Gopalganj.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

Appearance :

For the Petitioner/s

:

Mr.Shubhangi Pandey

For the Opposite Party/s :

Mr.Kumar Ranjit Ranjan

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

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

13-08-2026

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 have antecedent of one case and petitioner no. 1 is a woman and allegation is of recovery of 10 litres of liquor from a bush.

4. Learned counsel for the petitioners submits that the petitioners were not arrested from the spot as such nothing was recovered from their conscious possession and even the alleged Patna High Court CR. MISC. No.56536 of 2026(2) dt.13-08-2026

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 local people, but then it is submitted that if local people 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. 5,000/- (Rupees Five Thousand) 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 Baikunthpur P.S. Case No. 218 of 2026, subject to the conditions as laid down under 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 more than one case then it would be presumed that petitioners, for the Patna High Court CR. MISC. No.56536 of 2026(2) dt.13-08-2026

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 have antecedent of one case in that event the provisional anticipatory bail order shall be confirmed forthwith.

Sumit/- (Satyavrat Verma, J) U T

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