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Patna High Court

BINDU DEVI @ LALMUNI DEVIversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted, subject to verification of the petitioner’s antecedents, with confirmation if she is found to have a clean record.

Summary

The Patna High Court entertained the petition of Bindu Devi (Lalmuni Devi), who feared arrest in a case registered under the Bihar Prohibition and Excise Act, 2022 for alleged possession of liquor and jaggery solution. She contended that she has a clean criminal record, the alleged liquor was recovered from locations that do not belong to her, and the house from which some liquor was seized is a joint‑family property, thus negating conscious possession. She further argued that the 2018 amendment to the Excise Act abolished the doctrine of deemed possession and presumed offender. The State opposed the grant of anticipatory bail. Applying Section 482(2) of the Criminal Procedure Code, the Court ordered provisional anticipatory bail on the condition of a modest bail bond and two sureties, and directed the trial court to verify her antecedents before confirming the bail.

Issues considered

  • Whether anticipatory bail should be granted in a case under the Bihar Prohibition and Excise Act alleging possession of liquor and jaggery solution.
  • Whether the 2018 amendment removing the concept of deemed possession affects the petitioner’s liability.
  • Whether the petitioner’s clean antecedent and the joint‑family nature of the property preclude the presumption of possession.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • joint family property
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15734 of 2026
                  Arising Out of PS. Case No.-476 Year-2024 Thana- PAHARPUR District- East Champaran
                 ======================================================
                 BINDU DEVI @ LALMUNI DEVI W/o- Late Binod Mahto Resident of
                 village- Sareya Briti Dhangar Toli PS- Paharpur District- East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aditya Kumar Pandey
                 For the Opposite Party/s :       Mr. Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   30-03-2026                  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 Sections 30(a),

                   30(c), 41(1), 52 of Bihar Prohibition and Excise (amended up-

                   to-date) 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 30 litres of liquor along with 3900

                   kilograms of Jaggery solution from six different places as

                   alleged in the FIR and 5.5 litres of liquor from house of the

                   petitioner and 4000 litres of Mahua pass from an orchard, which

                   was destroyed at the spot. It is next submitted that petitioner was

                   not arrested from the spot as such nothing was recovered from
Patna High Court CR. MISC. No.15734 of 2026(3) dt.30-03-2026
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          her conscious possession and even alleged recovery is from

          places which does not belong to the petitioner 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 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 based

          on secret information which is the easiest way to implicate

          someone without holding a proper investigation, when petitioner

          admittedly is a person with clean antecedent.

                       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 his 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 Paharpur P.S. Case No.476/2024, subject to the

          conditions as laid down under Section 482(2) of the B.N.S.S.
             Patna High Court CR. MISC. No.15734 of 2026(3) dt.30-03-2026
                                                         3/3




                                    6. It is made clear that the learned trial court thereafter

                       shall verify the criminal antecedents of the petitioner and in the

                       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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