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Patna High Court

Sangita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent, with confirmation contingent on a clean record.

Summary

The petitioner, Sangita Devi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 50 litres of liquor from her joint family house. She argued she had no conscious possession, the liquor was not recovered from her, and the 2018 amendment to the Excise Act abolished the concept of deemed possession, making the charge untenable. The State opposed the bail, contending the offence warranted detention. The Court, considering the lack of direct evidence and the petitioner's clean antecedent, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties, and ordered verification of her criminal record. The order stipulated that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where alleged possession is not established.
  • Whether the 2018 amendment removing deemed possession affects the prosecution's case.
  • Whether the petitioner’s clean antecedent warrants provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • deemed possession
  • joint family property
  • clean antecedent
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26351 of 2026
                       Arising Out of PS. Case No.-273 Year-2026 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Sangita Devi Wife of Ganesh Sahani @ Hathiya Resident of mohalla- Goshai
                 ghat, Macchali dukan, p.s- Alamgunj, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Binay Kumar Singh
                 For the Opposite Party/s :       Mr. Awadhesh Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   22-04-2026                  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 50 liters of liquor from house of

                   petitioner and Anita Devi.

                                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.26351 of 2026(2) dt.22-04-2026
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          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 at the

          instance of local person, but then the name of the person who

          disclosed the name of the petitioner is not disclosed in the FIR

          which casts an aspersion on the case of the prosecution. It is

          also submitted that it does not appear probable that local person

          not attached to the family would have known who had

          concealed the liquor in the house.

                       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 Alamganj

          P.S. Case No. 273 of 2026 subject to the conditions as laid down

          under Section 482 (2) of the BNSS.
            Patna High Court CR. MISC. No.26351 of 2026(2) dt.22-04-2026
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                                   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

                      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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