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Patna High Court

Dharmshila DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to a bail bond and verification of the petitioner’s antecedent.

Summary

The petitioner, Dharmshila Devi, sought anticipatory bail after a case was registered under Sections 30(a), 41(1) and 41(2) of the Bihar Prohibition and Excise Act for alleged possession of 5 litres of liquor at her joint family house. She argued that she has a clean antecedent, is a woman, and that the liquor was not recovered from her conscious possession, making it uncertain whether she knew of or kept the liquor. The State opposed the bail, contending that the offence was cognizable. The Court, considering the submissions, directed that she be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of her criminal antecedent by the trial court. The order further stipulated that if any antecedent is found, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted under Section 482(2) in view of the alleged possession of liquor.
  • Whether the petitioner can be deemed to have possession or be a presumed offender under the amended Bihar Prohibition and Excise Act.
  • Whether the lack of recovery from her conscious possession and the joint family nature of the property affect the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • excise law
  • joint family property
  • clean antecedent
  • Section 482
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14108 of 2026
                      Arising Out of PS. Case No.-450 Year-2025 Thana- ROSERA District- Samastipur
                 ======================================================
                 Dharmshila Devi W/O Late Rama Paswan R/O Vill.- Mahadev Math Ward
                 No.12, P.S.- Rosera, Dist- Samastipur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Shashank Shekhar, Advocate
                 For the Opposite Party/s :        Mr. Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends her arrest in a case registered

                   for the offences punishable under Sections 30(a), 41(1) and

                   41(2) of Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is person with clean antecedent and is a woman and

                   allegation is of recovery of 5 litres of liquor from the house of

                   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 amendment in
Patna High Court CR. MISC. No.14108 of 2026(2) dt.12-03-2026
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          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 local person but

          then 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, when petitioner was not

          implicated 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.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned Exclusive Special

          Judge Excise-I, Samastipur in connection with Rosera P.S. Case

          No.450 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.14108 of 2026(2) dt.12-03-2026
                                                           3/3




                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of even 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 is a person with clean antecedent, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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