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Patna High Court

Madhuri DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail subject to verification of the petitioners' criminal antecedents and compliance with the stipulated bond and surety conditions.

Summary

Madhuri Devi and Motilal Sah, residents of Gopalganj, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Excise Act alleging recovery of 22.8 litres of liquor from their joint family house. They argued that the liquor was not in their conscious possession and that the house being joint family property made it uncertain who concealed the liquor. The petitioners also highlighted their prior criminal records—four cases for Madhuri and one for Motilal—asserting that the amended Excise Act of 2018 had done away with the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, considering the submissions, granted provisional anticipatory bail subject to a bond of Rs.20,000 with two sureties and directed the trial court to verify the petitioners' antecedents, stating that if the antecedent count exceeds the disclosed numbers, the bail would not be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the accused claim lack of conscious possession and joint family ownership of the premises.
  • Whether the petitioners' prior criminal antecedents affect the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • joint family property
  • criminal antecedent
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31955 of 2026
                       Arising Out of PS. Case No.-95 Year-2026 Thana- BHORE District- Gopalganj
                 ======================================================
           1.     Madhuri Devi Wife of Motilal Sah Resident of Village- Hussepur, Naya
                  Sahar, P.S.- Bhore, District- Gopalganj
           2.    Motilal Sah Son of Late Asharfi Sah Resident of Village- Hussepur, Naya
                 Sahar, P.S.- Bhore, District- Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vyas Kumar Mishra
                 For the Opposite Party/s :       Mr. Rajendra Prasad Nat
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   13-05-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no. 1 has antecedent of four cases under the Excise

                   Act and petitioner no. 2 has antecedent of one case under the

                   Excise Act and petitioner no. 1 is a woman. It is next submitted

                   that allegation is of recovery of 22.8 liters of liquor from house

                   of petitioners.

                                4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.31955 of 2026(2) dt.13-05-2026
                                            2/3




          petitioners were not apprehended from the spot as such nothing

          was recovered from their conscious possession and the house in

          question is a joint family property, as such, it cannot be alleged

          with certainty that it were petitioners who had kept the liquor in

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

          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 and they came to be implicated at the

          instance of local person, but then it absolutely does not stand to

          reason that how 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 petitioners.

                       6. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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.

          20000/- (Rupees Twenty Thousand) each 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 Bhore P.S. Case No. 95 of 2026 subject to the conditions as
            Patna High Court CR. MISC. No.31955 of 2026(2) dt.13-05-2026
                                                        3/3




                      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 petitioners and in the

                      event if it is found that petitioner no. 1 has antecedent of more

                      than four cases and petitioner no. 2 has antecedent of more than

                      one case then it would be presumed that petitioners, for the

                      purposes of seeking anticipatory bail, had concealed their

                      antecedent before this Court, as such, the provisional anticipatory

                      bail order shall not be confirmed with respect to that petitioner

                      who had concealed his/her antecedent, but after verification if it is

                      found that petitioner no. 1 has antecedent of four cases only and

                      petitioner no. 2 has antecedent of one case only, in that event the

                      provisional anticipatory bail order shall be confirmed forthwith.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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