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Patna High Court

Neelu 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 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

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
                                                          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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