Patna High Court
Reena DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties and verification of her criminal antecedents.
Summary
Reena Devi sought anticipatory bail after learning that she might be arrested in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 6.5 litres of liquor recovered from the courtyard of her joint‑family house. She argued that the liquor was not in her conscious possession, the house being a joint family property, and that the concept of deemed possession had been removed by the 2018 amendment to the Act. She further claimed that the allegation was false and motivated by a hostile chowkidar. The State opposed the bail. The Court, after hearing both sides, granted provisional anticipatory bail subject to a bond of Rs.15,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., directing the trial court to verify her criminal antecedents before confirming the bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the removal of the deemed‑possession concept and the lack of conscious possession justify granting bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- deemed possession
- joint family property
- criminal antecedent
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17451 of 2026
Arising Out of PS. Case No.-25 Year-2026 Thana- CHANPATIA District- West Champaran
======================================================
Reena Devi W/O Guddu Baitha R/O Pakdihar, Baheliya Tola, ward No. 14,
P.S.- Chanpatiya, District- West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-03-2026 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 has antecedent of three cases, out of which one case is
under the Excise Act and is a woman and allegation is of
recovery of 6.5 litres of liquor from courtyard of the 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
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kept in the house was within his 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 chowkidar
with whom her husband is on an inimical term. It is also
submitted that chowkidar in order to coerce her husband into
submission falsely implicated her.
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.15,000/- (Rupees Fifteen Thousand)
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 Chanpatiya P.S. Case No.25/2026, 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 more than
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three cases, 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 has antecedent of three
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
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