Patna High Court
Baudhi Devi @ Shanti 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 stipulated conditions.
Summary
The petitioner, Baudhi Devi, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Excise Act for the alleged recovery of five litres of liquor from her residence. She argued that she has a clean antecedent, is a woman, and that the liquor was found in a joint family house, not in her conscious possession. The petitioner contended that the amendment to the Excise Act in 2018 abolished the concepts of deemed possession and presumed offender, making the charge untenable without proper investigation. The State opposed the grant of anticipatory bail. The High Court, after considering the submissions, granted provisional anticipatory bail subject to the petitioner furnishing a bail bond of Rs. 500 with two sureties and to verification of her criminal antecedent by the trial court. The order stipulated that if any antecedent is discovered, the bail would not be confirmed, but if she remains a clean antecedent, the provisional bail would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in an offence under Section 30(a) of the Bihar Excise Act where alleged possession is not proven.
- Whether the 2018 amendment removing deemed possession and presumed offender affects the applicability of anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- clean antecedent
- Section 30(a)
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24494 of 2026
Arising Out of PS. Case No.-399 Year-2025 Thana- NARDIGANJ District- Nawada
======================================================
Baudhi Devi @ Shanti Devi W/o- Late Rameshwar Chaudhary @ Late
Maheshwar Chaudhary Vill - Adampur, P.S - Nardiganj, Dist - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 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 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 5 liters of liquor from house of
petitioner apart from other recoveries as detailed in the FIR.
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.24494 of 2026(2) dt.18-04-2026
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
Nardiganj P.S. Case No. 399 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 purposes of
Patna High Court CR. MISC. No.24494 of 2026(2) dt.18-04-2026
3/3
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…