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Patna High Court

Ohila Devi @ Ahilya Devi @ Ohila KuwarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court allowed the anticipatory bail application provisionally, subject to verification of the petitioners' criminal antecedents.

Summary

Four petitioners, residents of a joint family house in Garkha, Saran, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, alleging recovery of 180 litres of liquor. They argued that the liquor was not in their conscious possession, that the house is a joint family property, and that the 2018 amendment to the Excise Act eliminated the concepts of deemed possession and presumed offender. The State opposed the anticipatory bail application. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that each petitioner furnish a bail bond of Rs.10,000 with sureties, subject to verification of their criminal antecedents. The order stipulated that if verification shows more antecedent cases than disclosed, the bail would not be confirmed; otherwise, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the post‑2018 amendment to the Excise Act abolishes the doctrine of deemed possession and presumed offender for the purpose of granting bail.
  • Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Bihar Prohibition and Excise Act
  • deemed possession
  • presumed offender
  • criminal antecedent
  • Section 482 CrPC
  • joint family property

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14885 of 2026
                        Arising Out of PS. Case No.-846 Year-2025 Thana- GARKHA District- Saran
                 ======================================================
           1.     Ohila Devi @ Ahilya Devi @ Ohila Kuwar Wife of Late Ashok Choudhari
                  Resident of Village- Mithepur, Baniyawa Tola, P.S.- Garkha, District- Saran
           2.    Lakshman Choudhary Son of Henda Choudhary Resident of Village-
                 Mithepur, Baniyawa Tola, P.S.- Garkha, District- Saran
           3.    Krishna Choudhary Son of Henda Choudhary Resident of Village- Mithepur,
                 Baniyawa Tola, P.S.- Garkha, District- Saran
           4.    Rakesh Choudhary @ Rakesh Chaudhari Son of Jainarayan Chaudhari
                 Resident of Village- Mithepur, Baniyawa Tola, P.S.- Garkha, District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Raushan Raj, Advocate
                 For the Opposite Party/s :       Mr. Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2022.

                                3. Learned counsel for the petitioners submits that

                   petitioners no.1, 2 and 3 have antecedent of one case under the

                   Excise Act and petitioner no.4 has antecedents of two cases

                   under the Excise Act and petitioner no.1 is a woman and

                   allegation is of recovery of 180 litres of liquor from house of
Patna High Court CR. MISC. No.14885 of 2026(2) dt.13-03-2026
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          four different accused-petitioners. It is next submitted that

          petitioners were not arrested from the spot, as such, nothing was

          recovered from their conscious possession and the house in

          question is a joint family property, as such, it cannot be alleged

          with certainty that it were petitioners who had kept the liquor in

          the house or the liquor kept in the house was within their

          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 the petitioners came to be

          implicated at the instance of Chowkidar with whom they are on

          inimical terms. It is also submitted that if Chowkidar was aware

          of the involvement of the petitioners in the occurrence then why

          he did not inform the police prior to institution of the instant

          FIR, which casts an aspersion on the case of the prosecution.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, are directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.10,000/- (Rupees Ten Thousand) each with two
               Patna High Court CR. MISC. No.14885 of 2026(2) dt.13-03-2026
                                                           3/3




                         sureties of the like amount each to the satisfaction of learned 1 st

                         Exclusive Special Excise Judge, Saran at Chapra in connection

                         with Garkha P.S. Case No.846 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 bonds of the petitioners shall

                         verify the criminal antecedent of the petitioners and in the event,

                         if it is found that petitioners no.1, 2 and 3 have antecedent of

                         more than one case and petitioner no.4 has antecedent of more

                         than two cases, then it would be presumed that petitioners for

                         the purposes of obtaining anticipatory bail had concealed their

                         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 petitioners no.1, 2 and 3 have

                         antecedent of only one case and petitioner no.4 has antecedent

                         of only two cases, in that event, the provisional anticipatory bail

                         order shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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