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Patna High Court

Sandhya DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail is granted subject to bond, sureties and verification of the petitioner’s antecedent.

Summary

Sandhya Devi sought anticipatory bail fearing arrest under Sections 30(a) and 30(c) of the Bihar Excise Act for alleged recovery of 25 litres of liquor from her residence, which is a joint family property. She argued she has a clean antecedent, was not caught in possession, and that the 2018 amendment to the Excise Act abolished the doctrine of deemed possession and presumed offender. The State opposed the bail. The Court, applying Section 482(2) of the BNSS, granted provisional anticipatory bail on the condition that she furnish a bail bond of Rs. 500 with two sureties and that the trial court verify her criminal antecedent within six weeks. If any antecedent is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order emphasizes verification of antecedent before final confirmation of bail.

Issues considered

  • Whether anticipatory bail can be granted in a case under Sections 30(a) and 30(c) of the Bihar Excise Act after the 2018 amendment removing deemed possession.
  • Whether the petitioner’s clean antecedent and lack of conscious possession justify granting anticipatory bail under Section 482(2) of the BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • deemed possession
  • joint family property
  • clean antecedent
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26476 of 2026
                     Arising Out of PS. Case No.-60 Year-2026 Thana- TRIVENIGANJ District- Supaul
                 ======================================================
                 Sandhya Devi W/o Santosh Pariyar @ Santosh Kumar R/o vill - Mirjawa,
                 P.s.- Triveniganj, Distt.- Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar
                 For the Opposite Party/s :       Mr. Parmanand Prasad
                 ======================================================
                 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 Sections 30(a) and

                   30(c) 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 25 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.26476 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 Chowkidar with whom her husband is on an inimical

          term. It is also submitted that if Chowkidar was aware of the

          involvement of the petitioner in the occurrence then why he did

          not inform the police prior to institution of the instant FIR

          which casts an aspersion on the case of the prosecution.

                       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

          Triveniganj P.S. Case No. 60 of 2026 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
            Patna High Court CR. MISC. No.26476 of 2026(2) dt.22-04-2026
                                                        3/3




                      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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