Patna High Court
Neelu DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of her antecedent and compliance with the stipulated conditions.
Summary
Neelu Devi was implicated in a case under Section 30(a) of the Bihar Excise Act for alleged possession of liquor recovered from her house and that of a co‑resident. She applied for anticipatory bail, arguing she has a clean antecedent, is a woman, and that the liquor was not in her conscious possession nor could it be proved she kept it. The prosecution opposed the bail, relying on a confessional statement made by another accused in police custody. The High Court, noting the amendment to the Excise Act that removed the concept of deemed possession and the lack of evidentiary value of the confessional statement, granted provisional anticipatory bail subject to a Rs. 500 bond, two sureties, and verification of her criminal antecedent. The order directs that if a prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act.
- Whether the confessional statement of a co‑accused in police custody is admissible as evidence.
- Whether the amendment removing deemed possession affects the petitioner’s liability.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- confessional statement
- deemed possession
- clean antecedent
- joint family property
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13616 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- GHANSHYAMPUR District- Darbhanga
======================================================
Neelu Devi W/O Ramakant mandal Resident Of Village- Punhad, Police
Station- Ghanshyampur, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mili Kumari
For the Opposite Party/s : Mr.Akbar Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-03-2026 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 14.94 litres of liquor from the house
of the petitioner and 25.38 litres of liquor from the house of
Purnima Devi.
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 the house in
question is a joint family property as such it cannot be alleged
Patna High Court CR. MISC. No.13616 of 2026(2) dt.12-03-2026
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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 and
the petitioner came to be implicated based on confessional
statement of Purnima in police custody which does not have any
evidentiary value.
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 Ghanshyampur P.S. Case No. 24 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.13616 of 2026(2) dt.12-03-2026
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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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