Patna High Court
Mina DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to bond and surety conditions, pending verification of her antecedents.
Summary
Mina Devi applied for anticipatory bail under Section 438 of the Cr.P.C. after a case was registered against her for alleged contravention of Section 30(a) of the Excise Act involving 1.2 litres of liquor recovered from a joint family house. The petitioner argued she had no prior arrests, the liquor was not found in her conscious possession, and the only evidence was a confessional statement of her son made while in police custody, which she claimed lacked evidentiary value. The State opposed the bail. The court noted the amendment to the Excise Act had removed the concept of deemed possession and deemed the son’s statement inadmissible, and, considering her clean antecedent, directed provisional anticipatory bail on a Rs.500 bond with two sureties, subject to verification of her criminal record. The order stipulated that if any antecedent is discovered, the bail would not be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted when alleged possession of liquor is not proven and the only evidence is a custodial confession of a relative.
- Whether a confessional statement made by the petitioner’s son in police custody is admissible as evidence.
- Whether the joint family nature of the property negates the presumption of possession under the Excise Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- possession
- confessional statement
- joint family property
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10005 of 2026
Arising Out of PS. Case No.-549 Year-2025 Thana- DUMRA District- Sitamarhi
======================================================
Mina Devi Wife of Manoj Chaudhary Resident of Village- Bishanathpur,
Ward No. 43, P.S.- Dumra, District- Sitamarhi (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Madhusudan Rai
For the Opposite Party/s : Mr.Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-02-2026 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 is a person with clean antecedent and is a woman
and allegation is of recovery of 1.2 litres of liquor from house of
the petitioner.
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 the house in
question is a joint family property and thus, it cannot be alleged
with certainty that it was the petitioner, who had kept the liquor
Patna High Court CR. MISC. No.10005 of 2026(2) dt.23-02-2026
2/3
in the house or the liquor kept in the house was within her
knowledge and after Amendment in the Excise Act, 2018, the
concept of deemed possession and presumed offender has been
done away with and she came to be implicated based on
confessional statement of her son Sushil in police custody,
which does not have any evidentiary value. It is also submitted
that no son would implicate his mother until he is made to
confess.
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.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
ABP No.487 of 2025 arising out of Dumra P. S. Case No.549 of
2025, subject to the conditions laid down under Section 438(2)
of the Cr.P.C.
7. The application stands allowed.
Patna High Court CR. MISC. No.10005 of 2026(2) dt.23-02-2026
3/3
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even 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 is a person with clean antecedent, in that event, the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
vikash/-
U T
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