Patna High Court
Madhuri DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bihar Excise Act — s. 30(a)
- BNSS — s. 482(2)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.