Patna High Court
Poonam DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner, subject to verification of her criminal antecedent.
Summary
The petitioner, Poonam Devi, sought anticipatory bail after being implicated in a case under IPC Sections 272 and 273 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged possession of 5 litres of liquor recovered near her verandah. She argued that she has a clean antecedent, is a woman, and that the liquor was found in a joint family house, not in her conscious possession, and that the 2018 amendment to the Excise Act abolished the concept of deemed possession. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and conditioned on verification of the petitioner’s criminal antecedent by the trial court. If any antecedent is found, the bail may be withdrawn; if none, the bail will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether anticipatory bail can be granted in a case involving alleged possession of liquor under IPC 272, 273 and the Bihar Prohibition and Excise Act.
- Whether the concept of deemed possession applies post the 2018 amendment to the Excise Act.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify anticipatory bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- deemed possession
- liquor possession
- joint family property
- IPC 272
- IPC 273
- Bihar Prohibition and Excise Act
- criminal antecedent
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28243 of 2026
Arising Out of PS. Case No.-396 Year-2021 Thana- NARPATGANJ District- Araria
======================================================
Poonam Devi Wife of Yoganand Sada @ Bhutto Sada R/o Village - Madhura
Utar, Mushari Tola, Ward No. 09, P.S. - Narpatganj, Dist. - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nishant Kumar Sinha, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-04-2026 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 272 and
273 of the Indian Penal Code as well as Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 5 litres of liquor from a place near
Verandah of the petitioner.
4. Learned counsel for the petitioner submits 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 was the petitioner who had kept the liquor
Patna High Court CR. MISC. No.28243 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 in the year
2018, the concept of deemed possession and presumed offender
has been done away with. It is further submitted that petitioner
came to be implicated at the instance of the local person but
then it is submitted that it does not appear probable that local
person would have known who had concealed the liquor in the
house.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, let 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.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 Narpatganj P.S.
Case No. 396 of 2021, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C./482(2) of the B.N.S.S.
7. However, it is made clear that thereafter the learned
Trial Court shall verify the criminal antecedent of the petitioner
Patna High Court CR. MISC. No.28243 of 2026(2) dt.28-04-2026
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and if it is found that petitioner has antecedent of even one case,
it would be presumed that petitioner had concealed her
antecedent before this Court at para 3 of the anticipatory bail
application in that event the provisional anticipatory bail order
shall not be confirmed but if it is found on verification that
petitioner is a person with clean antecedent in that event the
provisional anticipatory bail order shall be confirmed forthwith.
(Satyavrat Verma, J)
Kundan/-
U T
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