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Patna High Court

Chanda DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedents, under Section 482(2).

Summary

The petitioner, Chanda Devi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 20 litres of liquor recovered from her joint family house. She argued she has a clean antecedent, was not in actual possession, and was falsely implicated by a chowkidar due to a personal dispute with her husband. The State opposed the bail. The High Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify her criminal antecedents. If any antecedent is found, the bail would be withdrawn; otherwise, it would be confirmed. The order was made under Section 482(2) of the applicable procedural law.

Issues considered

  • Whether anticipatory bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s alleged lack of possession and clean antecedent justify anticipatory bail.
  • Whether the trial court must verify the petitioner’s criminal antecedents before confirming bail.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • liquor
  • Section 30
  • Section 482
  • clean antecedent
  • joint family property
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16433 of 2026
                  Arising Out of PS. Case No.-169 Year-2025 Thana- LAUKARIA District- West Champaran
                 ======================================================
                 Chanda Devi son of Upendra Bin Resident of village- Khajuriya PS-
                 Laukariya District- West Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Umesh Kumar Gupta
                 For the Opposite Party/s :       Mr. Parmanand Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-03-2026                  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 offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                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 20 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 in the

                   house was within her knowledge and after amendment in the
Patna High Court CR. MISC. No.16433 of 2026(2) dt.17-03-2026
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          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 next submitted that

          chowkidar in order to coerce her husband into submission

          falsely implicated the petitioner.

                       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 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 Laukariya P.S. Case No.169/2025, 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

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.16433 of 2026(2) dt.17-03-2026
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                       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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