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Patna High Court

Kiran DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail, subject to verification of antecedents and compliance with conditions under Section 482(2) of the B.N.S.S.

Summary

The petitioners, two widows, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged recovery of 118.8 litres of liquor from a field belonging to another person. They argued they had clean antecedents, were women, and that the liquor was not found in their possession but in a public area, and that the only evidence was a confessional statement made by a co‑accused in police custody, which they claimed lacked evidentiary value. The State opposed the bail, contending that the offence warranted arrest. The Court, after considering the submissions, ordered provisional anticipatory bail on the condition of furnishing bail bonds and sureties, subject to verification of the petitioners’ criminal antecedents under Section 482(2) of the B.N.S.S. The order further 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 can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether a confessional statement made by a co‑accused in police custody can constitute sufficient basis for arrest.
  • Effect of the 2018 amendment removing the concepts of deemed possession and presumed offender on the bail application.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • deemed possession
  • confessional statement
  • clean antecedent
  • Section 482(2) of B.N.S.S.

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26486 of 2026
                   Arising Out of PS. Case No.-15 Year-2026 Thana- KUNDWACHAINPUR District- East
                                                        Champaran
                 ======================================================
           1.     Kiran Devi Wife of Late Suresh Pasi Resident of village - Kundwa
                  Chainpur, P.S.- Kundwa Chainpur, District - East Champaran, Motihari.
           2.    Lalti Devi Wife of Late Budhu Pasi Resident of village - Kundwa Chainpur,
                 P.S.- Kundwa Chainpur, District - East Champaran, Motihari.

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

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

2   22-04-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and are women

                   and allegation is of recovery of 118.8 litres of liquor from field

                   of Harendra Singh and from a plastic bag as detailed in the FIR.

                   It is next submitted that petitioners were not arrested from the

                   spot as such nothing was recovered from their conscious

                   possession and even alleged recovery is from a place which
Patna High Court CR. MISC. No.26486 of 2026(2) dt.22-04-2026
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          does not belong to the petitioners and is accessible to villagers

          at large and they came to be implicated based on confessional

          statement of Punam in police custody which does not have any

          evidentiary value. It is also submitted that after amendment in

          the Excise Act in the year 2018, the concept of deemed

          possession and presumed offender has been done away with.

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

          anticipatory bail of the petitioners.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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) each

          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 Kundwa Chainpur P.S. Case No.15/2026,

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

          the B.N.S.S.

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

          thereafter shall verify the criminal antecedents of the petitioners

          and in the event if it is found that petitioners have antecedent of

          even one case, in that event, it would be presumed that
             Patna High Court CR. MISC. No.26486 of 2026(2) dt.22-04-2026
                                                         3/3




                       petitioners had concealed their antecedent before this court, as

                       such, the provisional anticipatory bail order shall not be

                       confirmed with but if after verification it is found that

                       petitioners are persons 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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