Patna High Court
Kiran DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioners subject to bond, sureties and verification of criminal antecedents.
Summary
Petitioners Kiran Devi and Vicky Kumar sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act alleging recovery of 289.2 litres of liquor from their joint family house. They argued that the liquor was not in their conscious possession, the house is joint family property, and the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail subject to a bond of Rs.10,000 with two sureties each, and directed the trial court to verify the petitioners' criminal antecedents, with bail to be confirmed or revoked based on that verification. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Excise Act.
- Whether the alleged possession of liquor in a joint family house can be attributed to the petitioners.
- Whether the amendment removing deemed possession affects the bail application.
Subjects
- anticipatory bail
- excise law
- deemed possession
- joint family property
- criminal antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12857 of 2026
Arising Out of PS. Case No.-1271 Year-2025 Thana- GAYA MUFASIL District- Gaya
======================================================
1. Kiran Devi Wife of Sahdev chauhan @ Sahdev beldar Resident of village-
Kurmi Tola, Ps- Muffasil, Dist- Gaya
2. Vicky Kumar Son of Lakhan Prasad @ Mahesh Raut Resident of village-
Kurmi Tola, Ps- Muffasil, Dist- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjay Kumar Sinha, Adv
For the Opposite Party/s : Mr.Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-03-2026 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 has antecedent of one case under the Excise Act
and petitioner no. 2 has antecedent of two cases under the
Excise Act and petitioner no. 1 is a woman and allegation is of
recovery of 289.2 litres of liquor from the house of petitioner
no. 1.
4. Learned counsel for the petitioners submits that the
Patna High Court CR. MISC. No.12857 of 2026(2) dt.10-03-2026
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petitioners were not arrested 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 was petitioner who had kept the liquor in
the house or the liquor kept in the house was within knowledge
of the petitioner. It is next submitted that after amendment in
the Excise Act in the year 2018, the concept of deemed
possession and presumed offender has been done away with. It
is further submitted that petitioners came to be implicated based
on secret information which is the easiest way to implicate
someone. It is further submitted that once an accused is
implicated in a case relating to excise, the police starts
implicating mechanically either at the instance of Chowkidar,
local person, confessional statement or secret information
without holding a proper investigation.
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 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)
Patna High Court CR. MISC. No.12857 of 2026(2) dt.10-03-2026
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each 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 Muffasil P.S. Case No. 1271 of 2025
subject to the conditions as laid down under Section 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 more
than 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 with respect to that petitioner
who had concealed his criminal antecedent before this Court, but
after verification if it is found that petitioner no. 1 has antecedent
of one case and petitioner no. 2 has antecedent of two cases in
that event the provisional anticipatory bail order shall be
confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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