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Patna High Court

Rinku Devi @ Rinki Devi @ Rinki KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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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