Patna High Court
Usha DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail, subject to verification of the petitioner’s antecedents and conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Usha Devi, was implicated in a case alleging recovery of eight litres of liquor from her residence, alleged to be a violation of Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022. She contended that she had no conscious possession of the liquor, that the house is joint family property, and that the complaint was fabricated by a disgruntled chowkidar. The State opposed her request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that she furnish a bail bond of Rs.500 with two sureties and that the trial court verify her criminal antecedents. If any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed immediately. The order was made under Section 482(2) of the Code of Criminal Procedure.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case of alleged possession of liquor under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the lack of conscious possession and the joint family nature of the property justify anticipatory bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- anticipatory bail
- liquor possession
- Bihar Prohibition and Excise Act
- joint family property
- clean antecedent
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22212 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- KAKO District- Jehanabad
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Usha Devi Wife of Late Raj Kumar Chaudhari @ Raj Kumar Chaudhary
Resident of Village- Kako Chaudhari Tola, P.S.- Kako, District- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shyamal Prakash
For the Opposite Party/s : Mr. Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 08-04-2026 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 Sections 30(a) and
30 (d) 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 8 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 his knowledge and after amendment in the
Patna High Court CR. MISC. No.22212 of 2026(2) dt.08-04-2026
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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 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 Kako P.S. Case No.15/2026, 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 even one
case, in that event, it would be presumed that petitioner had
concealed her antecedent before this court, as such, the
Patna High Court CR. MISC. No.22212 of 2026(2) dt.08-04-2026
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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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