Patna High Court
Sunarpati Devi @ Sundarapati DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner’s criminal antecedents.
Summary
The petitioner, Sunarpati Devi, feared arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 160.7 litres of liquor from her house and 22.4 litres from another house. She argued that she was not caught in the act, no liquor was found in her conscious possession, and the property is a joint family house, making it uncertain that she stored the liquor. She further contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the case was based on secret information without proper investigation. The State opposed her prayer for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.5,000 with two sureties and directed the trial court to verify her criminal antecedents. If more than one prior case is found, the bail will not be confirmed; if only one prior case is found, the provisional bail will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the accused claims lack of conscious possession and joint family ownership of the premises.
- Whether the 2018 amendment removing deemed possession and presumed offender applies to the present facts.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- Section 30(a)
- Bihar Excise Act
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11809 of 2026
Arising Out of PS. Case No.-1004 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Sunarpati Devi @ Sundarapati Devi Wife of Late Shankar Chaudahry @ Lal
Shankar Chaudhari R/V Ward no. - 27, Balua, P.S. - Motihari Town, Dist. -
East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kundan Rathore Alias Kundan Kumar, Adv.
For the Opposite Party/s : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-02-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the excise act and is
a woman and allegation is of recovery of 160.7 liters of liquor
from house of the petitioner and 22.4 liters of liquor from house
of Bhola.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from her conscious possession and the house in
Patna High Court CR. MISC. No.11809 of 2026(2) dt.24-02-2026
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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 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.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds 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 Motihari
Town P.S. Case No. 1004 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 petitioner and
Patna High Court CR. MISC. No.11809 of 2026(2) dt.24-02-2026
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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 seeking anticipatory bail, had concealed her
antecedent before this Court, as such, the provisional
anticipatory bail order shall not be confirmed, but after
verification if it is found that petitioner has antecedent of one
case only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
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