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Patna High Court

Dhanvarti DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to conditions and verification of the petitioner's antecedent.

Summary

The petitioner, Dhanvarti Devi, was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly storing 10 litres of liquor on the roof of her joint family house. She argued that she had a clean antecedent, was not in actual possession, and that the 2018 amendment to the Excise Act had abolished the doctrine of deemed possession. The State opposed her request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that she surrender within six weeks, furnish bail bonds and sureties, and that the trial court verify her criminal antecedent. The order stipulated that if any antecedent is discovered, the bail would be revoked, otherwise it would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where the alleged offender claims no actual possession and a clean antecedent.
  • Whether the 2018 amendment to the Bihar Excise Act eliminating deemed possession affects the prosecution's case.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • deemed possession
  • joint family property
  • Section 30
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37945 of 2026
                        Arising Out of PS. Case No.-142 Year-2026 Thana- NOKHA District- Rohtas
                 ======================================================
                 Dhanvarti Devi W/o Dhanji Chaudhary R/o Village- Lalganj, PS- Nokha,
                 Dist- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajani Kant Singh
                 For the Opposite Party/s :       Mr. Madan Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-06-2026                  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 Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

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

                   allegation is of recovery of 10 liters of liquor from roof of the

                   house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   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
Patna High Court CR. MISC. No.37945 of 2026(2) dt.17-06-2026
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          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 and she came to be implicated at the

          instance of local person, but then the name of the person who

          disclosed the name of the petitioner is not disclosed in the FIR

          which casts an aspersion on the case of the prosecution

                       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.

          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 Nokha

          P.S. Case No. 142 of 2026 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
            Patna High Court CR. MISC. No.37945 of 2026(2) dt.17-06-2026
                                                        3/3




                      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)
Rishabh/-

U      T


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