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Patna High Court

Manisha Devi @ Manisha KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to Manisha Devi subject to conditions and allowed the withdrawal of the anticipatory bail application for Mithun Sahni.

Summary

Manisha Devi and Mithun Sahni filed an anticipatory bail application in a case under Section 30(a) of the Bihar Excise Act concerning the alleged recovery of 160 litres of liquor from a joint family house. Mithun Sahni was arrested while the application was pending, and his counsel sought to withdraw his anticipatory bail, which the court permitted, dismissing his application as withdrawn. Manisha Devi, a woman with a clean antecedent, argued that she was not in actual possession of the liquor and that the amended Excise Act no longer recognizes deemed possession or presumed offender. The State opposed her bail. The court granted her provisional anticipatory bail on the condition of furnishing a bail bond of Rs. 500 with two sureties, subject to verification of her criminal antecedent by the trial court; if any antecedent is found, the bail will not be confirmed, otherwise it will be confirmed forthwith.

Issues considered

  • Whether anticipatory bail should be granted to Manisha Devi under Section 30(a) of the Bihar Excise Act.
  • Whether the anticipatory bail application for Mithun Sahni can be withdrawn after his arrest.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • provisional bail
  • withdrawal of bail application
  • joint family property
  • deemed possession
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28142 of 2026
                   Arising Out of PS. Case No.-33 Year-2026 Thana- Chitragupta Nagar District- Khagaria
                 ======================================================
           1.     Manisha Devi @ Manisha Kumari W/O Late Sunil Sahni R/O Vill.-
                  Sanhauli, Durgasthan, Power House, Ward no. 24, P.S.- Chitragupta Nagar,
                  Dist.- Khagaria.
           2.    Mithun Sahni W/O Late Ashok Sahni R/O Vill.- Sanhauli, Durgasthan,
                 Power House, Ward no. 24, P.S.- Chitragupta Nagar, Dist.- Khagaria.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sudhir Kumar Sinha
                 For the Opposite Party/s :        Ms.Lakshmi Kant Sharma
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   learned A.P.P. for the State.

                             2.    Learned        counsel       for     the    petitioners       seeks

                   permission to withdraw the anticipatory bail application with

                   respect to petitioner No. 2 (Mithun Sahni), who was arrested

                   during pendency of the instant anticipatory bail application.

                             3.    Permission is accorded.

                             4.    Accordingly, the anticipatory bail application is

                   dismissed as withdrawn with respect to petitioner No. 2 (Mithun

                   Sahni).

                             5.    The petitioner No. 1 apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the
Patna High Court CR. MISC. No.28142 of 2026(2) dt.28-04-2026
                                            2/3




          Bihar Excise Act.

                   6.     Learned counsel for the petitioner submits that the

          petitioner is a person with clean antecedent and is a woman and

          allegation is of recovery of 160 litres of liquor from the house of

          the petitioner.

                   7.     Learned counsel for the petitioner submits that the

          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 was petitioner who had kept the liquor in

          the house or the liquor kept in the house was within knowledge

          of the petitioner. It is next 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 and

          she came to be implicated at the instance of local people, but

          then the name of the person, who disclosed the name of the

          petitioner, is not disclosed in the FIR, which casts an aspersion

          on the case of the prosecution, when petitioner has not been

          implicated based on secret information.

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

          anticipatory bail of the petitioner.

                   9.     Considering the submissions made by the learned
            Patna High Court CR. MISC. No.28142 of 2026(2) dt.28-04-2026
                                                        3/3




                      counsel for the petitioner, the petitioner No. 1 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. 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 Khagaria (Chitragupta Nagar) P.S. Case No. 33

                      of 2026, subject to the conditions as laid down under Section

                      482(2) of the BNSS.

                               10. It is made clear that thereafter the learned Trial Court

                      shall verify the criminal antecedent of the petitioner No. 1 and in

                      the event if it is found that petitioner No. 1 has antecedent of even

                      one case then it would be presumed that petitioner No. 1, 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 No. 1 is a person with clean antecedent in

                      that event the provisional anticipatory bail order shall be

                      confirmed forthwith.



                                                (Satyavrat Verma, J)
Sumit/-
U       T


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