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Patna High Court

Samo DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The application for anticipatory bail is allowed, granting provisional bail subject to conditions and verification of antecedents.

Summary

The petitioner, Samo Devi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging that 26.1 litres of liquor was recovered from a jointly‑owned house and that she had no conscious possession. She argued that the liquor could not be attributed to her knowledge or control, especially since the concept of deemed possession had been removed by the 2018 amendment to the Excise Act. The State opposed the bail, contending that the FIR named her based on undisclosed information and that she had a prior excise case. The Court considered the lack of direct possession, the joint‑family ownership, and the statutory change, and directed that she be released on provisional anticipatory bail upon furnishing a bail bond and sureties, subject to verification of her criminal antecedents. The order further stipulated that if more than one prior case is found, the bail would not be confirmed, but if only one antecedent exists, the provisional bail would be confirmed immediately.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence involves alleged possession of liquor in a jointly owned house without conscious possession.
  • Whether the removal of the deemed‑possession concept under the 2018 amendment affects the prosecution’s case.
  • Whether the petitioner’s prior criminal antecedent influences the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • joint family property
  • criminal antecedent
  • Section 30(a)
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12909 of 2026
                       Arising Out of PS. Case No.-147 Year-2025 Thana- NIRMALI District- Supaul
                 ======================================================
                 Samo Devi Wife of Late Raju Paswan Resident of Village and P.S.- Niramli,
                 Ward No. 09, District- Supaul (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Suresh Mukhiya, Advocate
                 For the Opposite Party/s :       Ms. Sangeeta Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   10-03-2026                  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 has antecedent of one case under the Excise Act and is

                   a woman and allegation is of recovery of 26.1 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 in the house was within her knowledge and after
Patna High Court CR. MISC. No.12909 of 2026(2) dt.10-03-2026
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          amendment in the Excise Act in the year 2018, the concept of

          deemed possession and presumed offender has been done away

          with and petitioner came to be implicated at the instance of local

          person 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 since name of the

          petitioner has not transpired based on secret information.

                       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.5,000/- (Rupees Five Thousand) with two sureties of

          the like amount each to the satisfaction of learned Special

          Exclusive Excise Court No.2, Supaul in connection with

          Nirmali P.S. Case No.147 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.12909 of 2026(2) dt.10-03-2026
                                                           3/3




                         the criminal antecedent of the petitioner and 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

                         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 has antecedent of only one case, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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