"IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.4437 of 2026 Arising Out of PS. Case No.-433 Year-2022 Thana- KADAMKUAN District- Patna ====================================================== Parwati Devi @ Parwatia Devi Wife of Late Suraj Ram R/O- Ambedkar Bhawan, Nala Road, P.S.- Kadamkuan, District - Patna, Bihar. ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Binay Kumar Singh For the Opposite Party/s : Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 2 31-01-2026 1. Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Section 30(a) of the Excise Act. 3. The learned counsel for the petitioner submits that the petitioner has antecedent of one case under the Excise Act and is a woman and allegation is of recovery of 70 litres of liquor from a place behind a government school. 4. The learned counsel for the petitioner submits 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 and is accessible to public at large and she came to be Printed from counselvise.com Patna High Court CR. MISC. No.4437 of 2026(2) dt.31-01-2026 2/3 implicated at the instance of local person, but the name of the person, who disclosed the name of the petitioner is not disclosed in the F.I.R., which casts an aspersion on the case of the prosecution. It is next submitted that police in majority of cases implicating innocent persons either at the behest of Chaukidar, local person, secret information and confessional statement in a mechanical manner without holding a proper investigation. 5. Learned A.P.P. opposes the anticipatory bail application. 6. 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, is directed to be released on provisional anticipatory bail on her furnishing bail-bonds in the sum 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 Kadamkuan P. S. Case No.433 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. 7. The application stands allowed. 8. It is made clear that the learned trial Court after accepting the provisional bail bonds of the petitioner shall verify Printed from counselvise.com Patna High Court CR. MISC. No.4437 of 2026(2) dt.31-01-2026 3/3 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 obtaining anticipatory bail had concealed her 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 petitioner has antecedent of one case only, in that event, the provisional anticipatory bail order shall be confirmed forthwith. 9. At this stage, the learned counsel appearing on behalf of the petitioner based on instruction submits that petitioner undertakes to deposit an amount of Rs.1500/- with Advocates’ Association, Patna High Court, Patna within a period of two weeks from today. vikash/- (Satyavrat Verma, J) U T Printed from counselvise.com "