Patna High Court
Fuljhari Devi @ Sarswati DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court provisionally granted anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the conditions under Section 438(2) CrPC.
Summary
The petitioner, Fuljhari Devi, sought anticipatory bail fearing arrest in a case alleging possession of 100 litres of liquor under Sections 274 of the Bihar Narcotic Substances Act, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. She argued that the liquor was found in a joint family house, she had no conscious possession, and she has a clean criminal record. The State opposed the bail, contending the alleged possession warranted detention. The Court considered the lack of direct possession, the joint family ownership of the premises, and the petitioner’s clean antecedent. It granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and directed the trial court to verify her antecedent before confirming the order. If any prior case is found, the bail will not be confirmed; otherwise, it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) CrPC in view of alleged possession of liquor in a joint family house.
- Whether the concept of deemed possession under the amended Excise Act applies to the petitioner.
- Whether the petitioner’s clean antecedent warrants confirmation of the provisional bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- possession
- joint family property
- liquor
- excise law
- clean antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30644 of 2026
Arising Out of PS. Case No.-606 Year-2025 Thana- TURKAULIYA District- East
Champaran
======================================================
Fuljhari Devi @ Sarswati Devi Wife of Bhola Ram Resident of village -
Bijulpur, Ps- Turkauliya, Dist- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 06-05-2026 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 274 and
274 of the BNS, 2023 as well as Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is woman and
allegation is of recovery of 100 litres of liquor from the house 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. It is further submitted
that the house in question is a joint family property, as such, it
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cannot be alleged with certainty that it was the petitioner who
had kept the liquor in the house or the liquor kept in the house
was within her knowledge. 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. It is also 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 Turkauliya P.S.
Case No. 606 of 2025, 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
Patna High Court CR. MISC. No.30644 of 2026(2) dt.06-05-2026
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Trial Court shall verify the criminal antecedent of the petitioner
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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