Patna High Court
Laxminiya Devi @ Laxmi DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail, granting provisional bail subject to bond, sureties, and verification of antecedent.
Summary
Laxminiya Devi applied for anticipatory bail in a case under the Excise Act where 34.8 litres of liquor were recovered from a house that is part of a joint family property. She argued that she has a clean antecedent, was not arrested at the scene, and that the liquor was not in her conscious possession, especially after the 2018 amendment that removed the concept of deemed possession. The State opposed the bail. The court, considering these submissions, granted provisional anticipatory bail on the condition that she furnishes a bail bond of Rs.500 with two sureties and that the trial court verify her criminal antecedent. If any prior case is found, the bail may be revoked; otherwise, the provisional order will be confirmed. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted in a case of alleged possession of liquor under the Excise Act where the accused claims no conscious possession and a clean antecedent.
- Whether the amendment to the Excise Act removing deemed possession affects the bail decision.
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Excise Act
Subjects
- anticipatory bail
- Excise Act
- possession
- joint family property
- clean antecedent
- Section 438
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39347 of 2026
Arising Out of PS. Case No.-110 Year-2026 Thana- PARIHAR District- Sitamarhi
======================================================
Laxminiya Devi @ Laxmi Devi W/O- Amarit Manjhi @ Amrit Manjhi R/O
village Bhawanipur Mushhari Sabari Tola, ward no. 7 @ 104 Kh Ekadandi
Parihar, P.S. Parihar, Dist. Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-06-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of her
arrest in a case registered for the offences punishable under
Section of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and is a woman
and allegation is of recovery of 34.800 litres of liquor from a
house at Ward No.07.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from her conscious possession and even the house in
question is a joint family property and thus, it cannot be alleged
Patna High Court CR. MISC. No.39347 of 2026(2) dt.22-06-2026
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with certainty that it was the 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, 2018, the
concept of deemed possession and presumed offender has been
done away with and she came to be implicated based on secret
information, which is the easiest way to implicate someone
without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on her furnishing bail-bonds in the
sum 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
Parihar P. S. Case No.110 of 2026, subject to the conditions laid
down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
Patna High Court CR. MISC. No.39347 of 2026(2) dt.22-06-2026
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the criminal antecedent of the petitioner and in the event, if it is
found that petitioner has antecedent of even one case, then it
would be presumed that petitioner for the purposes of obtaining
anticipatory bail had concealed her antecedent before this Court,
in that event, the present provisional anticipatory bail order shall
not be confirmed, but if on verification, 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)
vikash/-
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