Patna High Court
Fulwa Devi @ BagdiversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bail bond, sureties, and verification of the petitioner’s criminal antecedent.
Summary
The petitioner, Fulwa Devi, sought anticipatory bail fearing arrest in a case under Sections 30(a) and 30(c) of the Bihar Excise Act, where police alleged recovery of liquor and Mahua jaggery solution from her residence, a joint family property. She contended that she did not have conscious possession of the contraband and that the concept of deemed possession was abolished after the 2018 amendment to the Excise Act. The State opposed the bail, arguing the seriousness of the offences. The High Court, considering the submissions, granted provisional anticipatory bail conditioned on a bail bond of Rs.20,000 with two sureties and required verification of the petitioner’s criminal antecedent within six weeks. The order stipulated that if more than four prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bihar Excise Act.
- Whether the petitioner can be deemed to be in possession of the seized liquor and Mahua jaggery solution.
- Whether the amendment to the Excise Act in 2018 eliminates the concept of deemed possession and presumed offender.
- Whether the petitioner’s criminal antecedent affects the grant of anticipatory bail.
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- criminal antecedent
- Section 30
- Bihar Excise Act
- Section 482
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2957 of 2026
Arising Out of PS. Case No.-472 Year-2025 Thana- PAKARIBARAW District- Nawada
======================================================
Fulwa Devi @ Bagdi W/o- Late Chandeshwar Chaudhary @ Chando
Chaudhary Resident of Village- Budhauli, P.S.- Pakaribarawan, District-
Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Man Mohan Kumar, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 28-01-2026 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) and
30(c) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of four cases under the excise act and
is a woman and allegation is of recovery of 7 liters of liquor
from a house and a place outside the house of the petitioner
along with 240 liters of Mahua jaggery solution which was
destroyed.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
Patna High Court CR. MISC. No.2957 of 2026(2) dt.28-01-2026
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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 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 also submitted that once an
accused is implicated in a case relating to excise, the police
starts implicating mechanically either at the instance of
Chowkidar, local person, confessional statement or secret
information without holding a proper investigation and in the
present case, the petitioner came to be implicated based on
secret information.
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 for the petitioner, the petitioner above-named, in the
event of her arrest or surrender before the learned Trial Court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the learned Trial Court
Patna High Court CR. MISC. No.2957 of 2026(2) dt.28-01-2026
3/3
where the case is pending/successor court in connection with
Pakaribarawan P.S. Case No. 472 of 2025 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. It is made clear that thereafter the learned Trial
Court shall verify the criminal antecedent of the petitioner and
in the event if it is found that petitioner has antecedent of more
than four cases then it would be presumed that petitioner, 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 has antecedent of four
cases only, in that event the provisional anticipatory bail order
shall be confirmed forthwith.
8. At this stage, the learned counsel for the petitioner,
based on instruction, undertakes to deposit an amount of Rs.
2500/- with Advocates’ Association, Patna High Court.
(Satyavrat Verma, J)
Rishabh/-
U T
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