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Patna High Court

Kiran DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court ordered provisional anticipatory bail for the petitioner, subject to bond, sureties, and verification of her criminal antecedents.

Summary

Kiran Devi sought anticipatory bail fearing arrest in a case under the Bihar Prohibition and Excise Act, the BNS 2023, and the Drugs and Cosmetic Act. She contended that no liquor was recovered from her possession, the alleged liquor was in a joint family house, and the only evidence was a confessional statement by her husband obtained in police custody, which she argued lacked evidentiary value. The State opposed the bail, asserting the seriousness of the offences. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.5,000 bond and two sureties, directing the trial court to verify her criminal antecedents before confirming the bail. If more than one prior case is found, the bail would not be confirmed; if only one prior case is found, the bail would be confirmed immediately.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite allegations of possession of illicit liquor and prior criminal antecedent
  • Whether a confessional statement made by the husband in police custody can form the basis for arrest
  • Whether the concept of deemed possession under the amended Excise Act applies to the petitioner

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • excise law
  • confessional statement
  • joint family property
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27138 of 2026
                   Arising Out of PS. Case No.-247 Year-2025 Thana- KALYANPUR District- Samastipur
                 ======================================================
                 Kiran Devi W/o Jogindra Sahni @ Yogendra Sahni Resident of Village -
                 Bhagirathpur, P.S. - Kalyanpur, Dist. - Samastipur.

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

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

2   23-04-2026                  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),

                   30(b), 30(c), 30(d), 30(e), 30(f), 34, 36 and 47 of Bihar

                   Prohibition and Excise Act and Sections 123 and 109 of BNS,

                   2023 and Section 18(c) of Drugs and Cosmetic Act, 1940.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and is

                   a woman and allegation is of recovery of 19.8 litres of liquor

                   from house of Joginder. 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
Patna High Court CR. MISC. No.27138 of 2026(2) dt.23-04-2026
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          was petitioner, who had kept the liquor in the house or the liquor

          kept in the house was within his 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 based on confessional

          statement of her husband in police custody which does not have

          any evidentiary value. It is also submitted that Joginder under

          pressure disclosed the name of the petitioner since she was

          earlier implicated in false case relating to excise.

                       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.5000/- (Rupees five thousand) 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 Kalyanpur P.S. Case No.247/2025, 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
             Patna High Court CR. MISC. No.27138 of 2026(2) dt.23-04-2026
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                       shall verify the criminal antecedents of the petitioner and in the

                       event if it is found that petitioner has antecedent of more than

                       one case, in that event, it would be presumed that petitioner had

                       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 has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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