Patna High Court
Goli Devi @ Sharda DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail as the petitioner had no conscious possession, a clean antecedent, and the amended Act no longer presumes possession.
Summary
Goli Devi sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of liquor recovered from her house and a co‑resident's house. She argued that she had no conscious possession, the liquor was in joint family property, she had a clean criminal record, and the allegation was motivated by a hostile watchman seeking to pressure her husband. The State opposed the bail. The court noted that the 2018 amendment to the Excise Act removed the doctrine of deemed possession and, given the petitioner’s clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S. The trial court was directed to verify her antecedents and confirm the bail if none are found.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged liquor possession.
- Whether the amendment to the Bihar Prohibition and Excise Act, 2022 eliminates the concept of deemed possession for the purpose of bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- liquor possession
- joint family property
- clean antecedent
- Section 30
- Bihar Prohibition and Excise Act
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13622 of 2026
Arising Out of PS. Case No.-729 Year-2025 Thana- BODHGAYA District- Gaya
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Goli Devi @ Sharda Devi W/O Pappu Mandal @ Pappu Manjhi R/O Village-
Old New Taridih, Bodh Gaya, P.O.- Bodh Gaya, P.S- Bodh Gaya, Distt.- Gaya
Ji..
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepak Kumar
For the Opposite Party/s : Mr. Yogendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 27-02-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 10 litres of liquor from her house
and 20 litres of liquor from house of Kiran Devi. 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
Patna High Court CR. MISC. No.13622 of 2026(2) dt.27-02-2026
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liquor in the house or the liquor kept in the house was within his
knowledge and after amendment in the Excise Act in the year
2018, the concept of deemed possession and presumed offender
has been done away with and she came to be implicated at the
instance of chowkidar with whom her husband is on an inimical
term. It is also submitted that chowkidar implicated the
petitioner only with a view to coerce her husband into
submission.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 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 Bodh
Gaya P.S. Case No.729/2025, subject to the conditions as laid
down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
Patna High Court CR. MISC. No.13622 of 2026(2) dt.27-02-2026
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event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed her antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification 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)
amit/-
U T
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