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Patna High Court

Maina DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court granted provisional anticipatory bail subject to conditions and verification of antecedents, with confirmation contingent upon the findings of the trial court.

Summary

The petitioners, Maina Devi and Radhika Devi, were implicated in a case under Section 30(a) of the Bihar Excise Act for alleged possession of liquor recovered from their residence, which is part of a joint family property. They contended that the liquor was not in their conscious possession, that the amendment to the Excise Act in 2018 abolished the doctrine of deemed possession, and that the FIR did not disclose the informant’s identity. The State opposed their prayer for anticipatory bail, arguing the seriousness of the offence. The High Court, considering these submissions, granted provisional anticipatory bail subject to the petitioners furnishing bail bonds and two sureties, and conditioned the order on verification of their criminal antecedents by the trial court. The court further stipulated that if the verification reveals undisclosed antecedents, the provisional bail would not be confirmed, but if the antecedents are as claimed, the bail would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where alleged possession is in a joint family house.
  • Whether the 2018 amendment removing the concept of deemed possession affects the liability of the petitioners.
  • Whether the trial court should verify the petitioners' criminal antecedents before confirming anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • deemed possession
  • joint family property
  • criminal antecedent
  • Section 482(2)
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10226 of 2026
                  Arising Out of PS. Case No.-577 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
                 ======================================================
           1.     Maina Devi Son of Jaleshwar Manjhi R/o Village - Mira Musehari, P.S -
                  Muffasil, District - Saran at Chapra.
           2.    Radhika Devi Son of Yogendra Manjhi R/o Village - Mira Musehari, P.S -
                 Muffasil, District - Saran at Chapra.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Hemant Kumar, Advocate
                 For the Opposite Party/s :      Mr. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   16-03-2026                  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

                   petitioner no. 1 is a person with clean antecedent and petitioner

                   no. 2 has antecedent of two cases under the Excise Act and both

                   the petitioners are women and allegation is of recovery of 12

                   liters of liquor from house of petitioner no. 1 and 9.5 liters of

                   liquor from house of petitioner no. 2 along with 95 liters of

                   liquor from house of Rajendra Manjhi.
Patna High Court CR. MISC. No.10226 of 2026(3) dt.16-03-2026
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                       4. Learned counsel for the petitioners submits that

          petitioners were not apprehended from the spot as such nothing

          was recovered from their conscious possession and the house in

          question is a joint family property, as such, it cannot be alleged

          with certainty that it were petitioners who had kept the liquor in

          the house or the liquor kept in the house was within their

          knowledge and after amendment in the excise act in the year

          2018, the concept of deemed possession and presumed offender

          has been done away with and they came to be implicated at the

          instance of local person, but then the name of the person who

          disclosed the name of the petitioners is not disclosed in the FIR

          which casts an aspersion on the case of the prosecution, when

          admittedly petitioner no. 1 is a person with clean antecedent.

                       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 before the learned Trial Court

          within a period of six weeks from today, be released on

          Provisional anticipatory bail on furnishing bail bonds of Rs.

          10,000/- (Rupees Ten Thousand) each with two sureties of the

          like amount each to the satisfaction of the learned Trial Court
            Patna High Court CR. MISC. No.10226 of 2026(3) dt.16-03-2026
                                                        3/3




                      where the case is pending/successor court in connection with

                      Chapra Muffasil P.S. Case No. 577 of 2025 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 petitioner no. 1 has antecedent of

                      even one case and petitioner no. 2 has antecedent of more than

                      two cases 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, but after

                      verification if it is found that petitioner no. 1 is a person with

                      clean antecedent and petitioner no. 2 has antecedent of two

                      cases only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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