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Patna High Court

Reena DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to provisional anticipatory bail, subject to bond, sureties, and verification of her antecedents, under Section 482(2) of the B.N.S.S.

Summary

Reena Devi sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act for allegedly possessing six litres of liquor at her joint‑family house. She argued that she had no conscious possession, had a clean antecedent, and was falsely implicated by a chowkidar due to personal enmity with her husband. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.500 and two sureties, subject to verification of her criminal antecedents under Section 482(2) of the B.N.S.S. If any antecedent is found, the bail will not be confirmed; otherwise it will be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the B.N.S.S. in a case of alleged liquor possession under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
  • Whether the alleged possession can be attributed to the petitioner given the joint‑family ownership of the premises and lack of conscious possession.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Amendment Act
  • Section 482(2)
  • joint family property
  • false implication
  • liquor possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24684 of 2026
                  Arising Out of PS. Case No.-21 Year-2026 Thana- SASARAM MUFFSIL District- Rohtas
                 ======================================================
                 Reena Devi W/O Raj Kumar Bind R/O Village - Banrasia Tola, P.S- Sasaram
                 Mufassil, Dist- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Babu Nandan Prasad
                 For the Opposite Party/s :      Mr. Arun Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   20-04-2026                  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

                   Bihar Prohibition and Excise Amendment 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 litres of liquor from house of

                   petitioner. It is next submitted that petitioner was not arrested

                   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 the house or the liquor kept in the

                   house was within her knowledge and after amendment in the
Patna High Court CR. MISC. No.24684 of 2026(2) dt.20-04-2026
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          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 at the instance of chowkidar with whom her

          husband is on an inimical term. It is also submitted that with a

          view to coerce her husband into submission, the chowkidar

          falsely implicated her.

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

          anticipatory bail of the petitioner.

                       5. Considering the submissions made by the learned

          counsel for the petitioner, 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 Sasaram (Muffasil) P.S. Case No.21/2026,

          subject to the conditions as laid down under Section 482(2) of

          the B.N.S.S.

                       6. It is made clear that the learned trial court thereafter

          shall verify the criminal antecedents of the petitioner and in the

          event if it is found that petitioner has antecedent of even one

          case, in that event, it would be presumed that petitioner had
             Patna High Court CR. MISC. No.24684 of 2026(2) dt.20-04-2026
                                                         3/3




                       concealed her antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed but if

                       on verification 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)
amit/-

U        T


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