Patna High Court
Kunti DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted to the petitioner, subject to verification of her criminal antecedent and compliance with the stipulated conditions.
Summary
The petitioner, Kunti Devi, was implicated in a case under Section 30(a) of the Bihar Excise Act for alleged possession of 26 litres of liquor at her residence and 18 litres at another house. She applied for anticipatory bail, arguing that the liquor was stored in joint family property, she had no conscious possession, and the 2018 amendment to the Excise Act had abolished the concept of deemed possession. The State opposed the bail, contending that the allegations warranted arrest. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.5,000 with two sureties and directed verification of the petitioner’s criminal antecedent. It further held that if more than one prior case is found, the bail would not be confirmed, but if only one prior case exists, the provisional order would be confirmed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
- Whether alleged possession of liquor in a joint family house can be attributed to the petitioner absent conscious possession.
- Effect of the 2018 amendment removing the concept of deemed possession on the bail application.
- Whether the petitioner’s criminal antecedent influences the grant of anticipatory bail.
Legislation cited
- Bihar Criminal Procedure Code (BNSS) — s. 482(2)
- Bihar Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- deemed possession
- joint family property
- criminal antecedent
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38810 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Kunti Devi Wife of Gaya Paswan and Daughter of Amikhan Paswan Resident
of Village-Madhubani Ghat, Police Station- Muffasil, District-
EastChamparan at Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar
For the Opposite Party/s : Mr. Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-06-2026 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 has antecedent of one case and is a woman and
allegation is of recovery of 26 liters of liquor from house of
petitioner and 18 liters of liquor from house of Shambhu.
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
Patna High Court CR. MISC. No.38810 of 2026(2) dt.18-06-2026
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with certainty that it was petitioner who had kept the liquor in
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. It is next submitted that she came to
be implicated at the instance of local person, but then it is
submitted that it does not appear probable that 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 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.
5000/- (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 Motihari
Muffasil P.S. Case No. 114 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
Patna High Court CR. MISC. No.38810 of 2026(2) dt.18-06-2026
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in the event if it is found that petitioner has antecedent of more
than 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 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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