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Patna High Court

Mina DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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          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
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                                      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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