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Patna High Court

Sunarpati Devi @ Sundarapati DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                        3/3




                      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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