Patna High Court
Bibha DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted, subject to verification of the petitioner’s antecedents and compliance with the conditions imposed under Section 482(2) of the BNSS.
Summary
The petitioner, Bibha Devi, was implicated in a case under Sections 30(a) and 30(d) of the Bihar Excise Act for the alleged recovery of 6.5 litres of liquor from a house that is part of a joint family property. She contended that she had no actual possession of the liquor, has a clean criminal record, and is a woman, arguing that the amended 2018 provisions have done away with the concept of deemed possession and presumed offender. The State opposed her request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs. 500 with two sureties and appears before the trial court within six weeks, subject to verification of her antecedents under Section 482(2) of the BNSS. The order further stipulates that if any prior criminal case is discovered, the bail will be withdrawn, whereas if the verification confirms a clean record, the provisional bail will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Sections 30(a) and 30(d) of the Bihar Excise Act where alleged possession is not proven.
- Whether the post‑2018 amendment eliminating deemed possession and presumed offender applies to the petitioner.
- Whether the petitioner’s clean antecedent and lack of actual possession justify the grant of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30
- deemed possession
- presumed offender
- joint family property
- clean antecedent
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2282 of 2026
Arising Out of PS. Case No.-351 Year-2025 Thana- GHANSHYAMPUR District- Darbhanga
======================================================
Bibha Devi W/o- Bhaskar Laldev Village - Pohaddibela, P.S. -
Ghanshyampur, Dist. - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, 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 Sections 30(a) and
30(d) 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 6.5 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.2282 of 2026(2) dt.27-01-2026
2/3
the house or the liquor kept in the house was within her
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 based
on secret information which is the easiest way to implicate
someone without holding a proper investigation, when petitioner
admittedly is a person with clean antecedent.
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
Ghanshyampur P.S. Case No. 351 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
Patna High Court CR. MISC. No.2282 of 2026(2) dt.27-01-2026
3/3
one case then it would be presumed that petitioner, for the
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
Checking your session…