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Patna High Court

Badhiya DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to bail bonds and verification of her criminal antecedents.

Summary

The petitioner, Badhiya Devi, applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 45 litres of liquor from her residence. The petitioner argued that the liquor was found in a joint family house, she was not arrested on the spot, and there was no proof of her conscious possession, especially after the 2018 amendment that abolished the concept of deemed possession. The State opposed the bail, contending that the offence was established. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.5,000 with two sureties, subject to verification of her criminal antecedents. The order also stipulated that if more than one prior case is found, the bail would not be confirmed, whereas confirmation would follow if only one prior case is verified.

Issues considered

  • Whether anticipatory bail can be granted when the alleged possession of liquor is not proven and the property is jointly owned.
  • Effect of the 2018 amendment to the Excise Act removing the doctrine of deemed possession on the bail application.
  • Whether the petitioner’s prior criminal antecedent(s) should influence the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 Cr.P.C.
  • Excise Act
  • Section 30(a)
  • joint family property
  • deemed possession
  • bail bonds

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28017 of 2026
                       Arising Out of PS. Case No.-474 Year-2025 Thana- MASAUDHI District- Patna
                 ======================================================
                 Badhiya Devi W/O Late Raju Manjhi R/V- Gurptichak, PS- Masaurhi, Dist-
                 Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Eashita Raj
                 For the Opposite Party/s :       Mr.Nityanand
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   28-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of her

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner has antecedent of one case under the Excise Act

                   and allegation is of recovery of 45 litres of liquor from the

                   house of the petitioner.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from her conscious possession and even the house in

                   question is a joint family property and thus, it cannot be alleged

                   with certainty that it was the petitioner, who had kept the liquor
Patna High Court CR. MISC. No.28017 of 2026(2) dt.28-04-2026
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          in the house or the liquor kept in the house was within her

          knowledge and after Amendment in the Excise Act, 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 the name of the person, who disclosed the

          name of the petitioner is not disclosed in the F.I.R., which casts

          an aspersion on the case of the prosecution. It is also submitted

          that it absolutely does not stand to reason that how local person

          would know who had concealed the liquor in the house.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on her furnishing bail-bonds in the

          sum of Rs.5,000/- (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 Masaurhi P. S. Case No.474 of 2025, subject to the

          conditions laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.
               Patna High Court CR. MISC. No.28017 of 2026(2) dt.28-04-2026
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                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         the criminal antecedent of the petitioner and in the event, if it is

                         found that petitioner has antecedent of more than one case, then

                         it would be presumed that petitioner for the purposes of

                         obtaining anticipatory bail had concealed his antecedent before

                         this Court, in that event, the present provisional anticipatory bail

                         order shall not be confirmed, but if on verification, it is found

                         that petitioner has antecedent of one case only, in that event, the

                         provisional anticipatory bail order shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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