Patna High Court
Kavita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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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