Guddi DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32810 of 2026
                     Arising Out of PS. Case No.-679 Year-2025 Thana- NOORSARAI District- Nalanda
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                 Guddi Devi Wife of Rakesh Paswan Resident of Village- Dahpar, P.S.-
                 Noorsarai, District- Nalanda

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr.Anil Kumar Singh
                 For the Opposite Party/s :       Mr.Md. Nazir Ansari
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

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

                   learned A.P.P. for the State.

                             2.    The petitioner apprehends his arrest in a case

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

                   Bihar Excise Act and Sections 25(1-B)a, 26 and 35 of the Arms

                   Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and is a woman and

                   allegation is of recovery of 4 litres of liquor from the house of

                   Rakesh Pawan along with two country made pistol, 3 live

                   cartridges, 1 empty cartridge and Rs. 18,01,050/- and 153.53

                   litres of liquor from the old house and dalan of Rakesh Paswan

                   and Vikash Paswan.

                             4.    Learned counsel for the petitioner submits that the
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          petitioner was not arrested from the spot as such nothing was

          recovered from her conscious possession. It is next submitted

          that petitioner being wife of Rakesh Paswan came to be

          implicated in the instant case. It is further submitted that 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

          knowledge of the petitioner.             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 thus submitted that petitioner was completely aware

          that liquor, arms and cartridges along with huge cash were kept

          in the house. It is also submitted that thrust of the allegation is

          against her husband and Vikash Paswan. It is next submitted

          that if privilege of anticipatory bail is granted to the petitioner,

          the petitioner will not abscond rather will co-operate in the

          investigation to prove her innocence.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner.

                   6.     After hearing the learned counsel for the parties

          and taking into consideration the fact that petitioner is a woman

          and is a person with clean antecedent, the petitioner above-
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                        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 Noorsarai P.S. Case

                        No. 679 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 even one case

                        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 is a

                        person with clean antecedent in that event the provisional

                        anticipatory bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T