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Patna High Court

Kavita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 482(2) of the BNSS.

Summary

Kavita Devi sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging recovery of 60 litres of liquor from her joint family house. She argued she had no conscious possession, the liquor was not in her exclusive control, and she had a clean criminal record. The State opposed the bail, contending the allegations warranted arrest. The court, considering the lack of direct possession and the petitioner’s clean antecedent, granted provisional anticipatory bail on the condition that she furnish a bail bond and two sureties, and that the trial court verify her antecedent within six weeks. The order was made subject to Section 482(2) of the BNSS, with confirmation contingent upon verification of her clean record.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where possession is not directly established.
  • Whether the post‑2018 amendment abolishing the concepts of deemed possession and presumed offender affects the bail application.
  • Whether provisional anticipatory bail can be conditioned on verification of the petitioner’s criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • possession
  • joint family property
  • clean antecedent
  • Section 482(2)
  • BNSS
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2246 of 2026
                     Arising Out of PS. Case No.-147 Year-2025 Thana- PRATAPGANJ District- Supaul
                 ======================================================
                 Kavita Devi W/o Bechan Sardar R/o Village - Itawa, Ward No. 13, P.S -
                 Pratapganj, District - Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   27-01-2026                   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 Section 30(a) of the

                   Bihar 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 60 liters of liquor from house of the

                   petitioner.

                                 4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended 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
Patna High Court CR. MISC. No.2246 of 2026(2) dt.27-01-2026
                                            2/3




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

          knowledge 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.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                       6. Considering the submissions made by the learned

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

          event of her arrest or surrender before the learned Trial Court

          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

          Pratapganj P.S. Case No. 147 of 2025 subject to the conditions

          as laid down under Section 482 (2) of the BNSS.

                       7. It is made clear that thereafter the learned Trial

          Court shall verify the criminal antecedent of the petitioner and

          in the event if it is found that petitioner has antecedent of even

          one case then it would be presumed that petitioner, for the
            Patna High Court CR. MISC. No.2246 of 2026(2) dt.27-01-2026
                                                        3/3




                      purposes of seeking anticipatory bail, had concealed her

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if 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)
Rishabh/-

U      T


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