Patna High Court
Kiran DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
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
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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
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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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