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Patna High Court

Intiya Devi @ Pratima Devi @ Itiya DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail, subject to verification of the petitioner's antecedent and compliance with Section 482(2).

Summary

The petitioner, Intiya Devi, sought anticipatory bail after a case was registered against her under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of liquor. She argued that the liquor was recovered from a joint family house, she had no conscious possession, and she has a clean criminal record. The State opposed the bail, contending the allegations warranted arrest. The High Court, considering the lack of direct possession, the abolition of the deemed‑possession concept after the 2018 amendment, and the petitioner's clean antecedent, directed that she be released on provisional anticipatory bail upon furnishing a bail bond and sureties. The order was made subject to verification of her antecedent; if any prior case is found, the bail would not be confirmed. The court thus allowed the anticipatory bail application with conditions under Section 482(2).

Issues considered

  • Whether anticipatory bail should be granted under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 in the absence of conscious possession.
  • Whether the post‑2018 amendment abolishing deemed possession precludes liability in this case.
  • What conditions, if any, should be imposed on the provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • excise law
  • possession
  • joint family property
  • clean antecedent
  • Section 482(2)
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1110 of 2026
                       Arising Out of PS. Case No.-732 Year-2025 Thana- BODHGAYA District- Gaya
                 ======================================================
                 Intiya Devi @ Pratima Devi @ Itiya Devi W/o Late Rajesh Manjhi Resident
                 of Village- Jani Bigha, P.S.- Bodhgaya, District- Gayaji

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

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

2   20-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends her arrest in a case registered

                   for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 5 litres of liquor from the house of

                   Prayag Manjhi and 15 litres of liquor from house of the

                   petitioner. It is next submitted that petitioner was not arrested

                   from the spot, as such, nothing was recovered from her

                   conscious possession and the house in question is a joint family

                   property, as such, it cannot be alleged with certainty that it was

                   petitioner who had kept the liquor in the house or the liquor kept
Patna High Court CR. MISC. No.1110 of 2026(2) dt.20-01-2026
                                            2/3




          in the house was within her 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

          the petitioner came to be implicated based on secret

          information, which is the easiest way to implicate someone

          without holding a proper investigation, when petitioner

          admittedly is a person with clean antecedent.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Additional

          Sessions Judge-cum-Exclusive Special Excise Court-01, Gaya

          in connection with Bodhgaya P.S. Case No.732 of 2025, subject

          to the conditions laid down under Section 482(2) of the B.N.S.S.

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after

          accepting the provisional bail bond of the petitioner shall verify
               Patna High Court CR. MISC. No.1110 of 2026(2) dt.20-01-2026
                                                           3/3




                         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)

Sanjay/-

U          T


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