Patna High Court
Rinku Devi @ Rinki Devi @ Rinki KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail is granted subject to verification of the petitioner’s antecedent, with confirmation only if she is found to have a clean record.
Summary
The petitioner, Rinku Devi, sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged possession of 20 litres of liquor recovered from her joint family house. She argued she has a clean antecedent, was not in actual possession, and that the 2018 amendment to the Excise Act abolished the concept of deemed possession and presumed offender. The State opposed the bail, contending the offence was established. The Court granted provisional anticipatory bail conditioned on a bail bond of Rs.500 with two sureties and directed verification of the petitioner’s criminal antecedent. If any prior case is found, the bail will not be confirmed; if she is found to have a clean record, the provisional bail will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Excise Act where alleged possession is in a joint family property and the accused claims no actual possession.
- Effect of the 2018 amendment removing deemed possession on the grant of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a)
- Bihar Negotiable Sale and Settlement (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- excise law
- possession
- joint family property
- clean antecedent
- Section 30(a)
- Bihar Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38868 of 2026
Arising Out of PS. Case No.-167 Year-2026 Thana- TURKAULIYA District- East
Champaran
======================================================
Rinku Devi @ Rinki Devi @ Rinki Kumari W/O Mahadev Mahto Resident of
Village - P.S - Turkauliya, Dist.- East Champaran,Motihari
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhandev Kumar
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
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 is a person with clean antecedent and is a woman and
allegation is of recovery of 20 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
Patna High Court CR. MISC. No.38868 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 and she came to be implicated at the
instance of local person and Chowkidar, but then it is submitted
that it does not appear probable that local person and Chowkidar
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.
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
Turkauliya P.S. Case No. 167 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 one case
Patna High Court CR. MISC. No.38868 of 2026(2) dt.18-06-2026
3/3
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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