Patna High Court
Kiran DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Summary
Kiran Devi was implicated in a case under Section 30(a) of the Bihar Excise Act for the alleged recovery of 110 litres of liquor from a house that is part of a joint family property. She contended that she had no direct possession of the liquor, had a clean antecedent, and that the FIR did not disclose the informant, casting doubt on the prosecution's case. The State opposed her request for anticipatory bail. The High Court, after considering the submissions, granted a provisional anticipatory bail order conditioned on the petitioner surrendering within six weeks, furnishing bail bonds and sureties, and subject to verification of her criminal antecedent by the trial court. The order further stipulated that if any antecedent is discovered, the bail would be cancelled, whereas if she is found to have a clean record, the provisional bail would be confirmed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of alleged possession of liquor under Section 30(a) of the Bihar Excise Act.
- Whether the lack of direct recovery from the petitioner and the joint family nature of the property affect the grant of anticipatory bail.
- Whether the trial court must verify the petitioner’s criminal antecedent before confirming the anticipatory bail.
Legislation cited
- Bihar Negotiable Instruments (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- joint family property
- clean antecedent
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3856 of 2026
Arising Out of PS. Case No.-937 Year-2025 Thana- PIRBAHOR District- Patna
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Kiran Devi W/o Late Santosh Manjhi @ Santosh Kumar Manjhi @ Late
Santosh Ram R/o Bhawar Pokhar, P.S.- Pirbhaore, District- Patna, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rabindra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 29-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Rabindra Kumar.
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 110 liters of liquor from 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
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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 Thousand) 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 Pirbahor
P.S. Case No. 937 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
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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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