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Patna High Court

Ranju DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to verification of her antecedent and compliance with bail conditions.

Summary

Ranju Devi was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 54 litres of liquor from her residence, which is a joint family property. She contended that she had no conscious possession of the liquor, had a clean antecedent, and that the prosecution’s case was weak as the informant’s name was omitted from the FIR. The State opposed her request for anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to a modest bail bond and two sureties, directing the trial court to verify her antecedent. The order stipulated that if any prior case is discovered, the bail would be revoked, otherwise it would be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act
  • Whether the concept of deemed possession and presumed offender, removed by the 2018 amendment, precludes bail

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • Section 482(2)
  • possession
  • joint family property
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11948 of 2026
                    Arising Out of PS. Case No.-4 Year-2026 Thana- SIWAN MUFFASIL District- Siwan
                 ======================================================
                 Ranju Devi W/o Vijay Sah @ Vijay Shah Resident of Village- Hasanpurva,
                 PS- Siwan (Muffasil), Distt.- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajiv Kumar
                 For the Opposite Party/s :      Mr.Pradeep Narain Kumar
                 ======================================================
                 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 the

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

                   allegation is of recovery of 54 litres of liquor from the house of

                   the petitioner.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from her conscious possession and after 2018

                   amendment in the Excise Act, the concept of deemed possession

                   and presumed offender has been done away with. It is next
Patna High Court CR. MISC. No.11948 of 2026(2) dt.24-02-2026
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          submitted that 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 in the

          house was within knowledge of the petitioner and she came to

          be implicated at the instance of local people, but then the name

          of the person, who disclosed the name of the petitioner is not

          disclosed in the FIR, which casts an aspersion on the case of the

          prosecution.

                   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 within a period of six weeks

          from today, be released on Provisional anticipatory bail on

          furnishing bail bonds 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 Siwan Mufassil P.S. Case No. 4 of 2026,

          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 in the

          event if it is found that petitioner has antecedent of even one case
              Patna High Court CR. MISC. No.11948 of 2026(2) dt.24-02-2026
                                                          3/3




                        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 is a

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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