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Patna High Court

Rina Devi @ Renu DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that provisional anticipatory bail should be granted, subject to verification of the petitioner’s antecedent.

Summary

The petitioner, Rina Devi, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly possessing nine litres of liquor at her joint‑family house. She argued that she has a clean antecedent, that the liquor was not found in her conscious possession, and that the concept of deemed possession was abolished by the 2018 amendment. The State opposed the bail, contending that the allegations were sufficient to warrant arrest. The High Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of her criminal antecedent. The order further stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
  • Whether the post‑2018 amendment eliminates the doctrine of deemed possession and presumed offender in such cases.
  • Whether the absence of liquor in the petitioner’s conscious possession and the joint‑family nature of the property affect the bail decision.
  • Whether reliance on a secret informant, not named in the FIR, undermines the prosecution’s case.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • deemed possession
  • joint family property
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14390 of 2026
                       Arising Out of PS. Case No.-13 Year-2026 Thana- LAXMIPUR District- Jamui
                 ======================================================
                 Rina Devi @ Renu Devi Wife of Umesh Paswan Resident of Village-
                 Anandpur P.O. Anandpur, P.S.- Laxmipur, District- Jamui (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Madhuri Kumari, Advocate
                                                  Mr. Abhishek Anand, Advocate
                 For the Opposite Party/s :       Mr. Narendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                   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 is a person with clean antecedent and is a woman and

                   allegation is of recovery of 9 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
Patna High Court CR. MISC. No.14390 of 2026(2) dt.13-03-2026
                                            2/3




          in the house was within her 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 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 has not been

          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 Court of

          Exclusive Excise Court-1, Jamui in connection with Laxmipur

          P.S. Case No.13 of 2026, 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
               Patna High Court CR. MISC. No.14390 of 2026(2) dt.13-03-2026
                                                           3/3




                         accepting the provisional bail bond of the petitioner shall verify

                         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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