Patna High Court
Rina DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to bond, sureties, and verification of her criminal antecedent.
Summary
Rina Devi applied for anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 1.5 litres of liquor in a sack and 32 litres in her house. She argued that she has a clean antecedent, is a woman, and that the liquor was not found in her conscious possession; the house is a joint family property, and the amended Act no longer recognizes deemed possession or presumed offender. The State opposed the bail, relying on the recovery of liquor from the premises and confessional statements of co‑accused made in police custody. The Court, considering the submissions, granted provisional anticipatory bail subject to a Rs.500 bond, two sureties of the same amount, and verification of the petitioner’s criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would not be confirmed, whereas a clean record would lead to immediate confirmation of the bail.
Issues considered
- Whether anticipatory bail should be granted under Section 438 Cr.P.C. in a case of alleged liquor possession under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the concept of deemed possession or presumed offender applies post the 2018 amendment of the Excise Act.
- Whether confessional statements of co‑accused made in police custody can be relied upon against the petitioner.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- deemed possession
- joint family property
- confessional statements
- clean antecedent
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23404 of 2026
Arising Out of PS. Case No.-515 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
Rina Devi W/o Late Hiraman Manjhi Residence of village Kharmal No.1, P.S.
- Muffasil, District - West Champaran at Bettiah
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar, Advocate
For the Opposite Party/s : Mr. Tapeshwar Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 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 Section 30(a) of the
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 1.5 litres of liquor from a sack and
32 litres of liquor from the house of the petitioner.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from her conscious possession. It is further submitted
that the house in question is a joint family property, as such, it
cannot be alleged with certainty that it was the petitioner who
had kept the liquor in the house or the liquor kept in the house
Patna High Court CR. MISC. No.23404 of 2026(2) dt.09-04-2026
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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. It is next
submitted that petitioner came to be implicated based on the
confessional statement of Umesh Sah and Chhotu Kuresi in
police custody which does not have any evidentiary value in the
eye of law, when she does not have any concern or relation with
them.
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 appearing on behalf of the petitioner, let 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 Bettiah Mufassil
P.S. Case No. 515 of 2025, subject to the conditions as laid
down under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
Patna High Court CR. MISC. No.23404 of 2026(2) dt.09-04-2026
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and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed her
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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