Patna High Court
Rubi DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent cases.
Summary
Rubi Devi, a woman with three prior criminal cases (two under the Bihar Excise Act), feared arrest in a case alleging possession of liquor recovered from her courtyard and a neighbor's house. She argued that no liquor was found in her conscious possession, the property is joint family, and the 2018 amendment to the Bihar Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed her request for anticipatory bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that she furnish bail bonds and two sureties, and that the trial court verify her criminal antecedents. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted when alleged possession is not in conscious possession and the property is joint family.
- Whether the 2018 amendment to the Bihar Excise Act eliminating deemed possession affects the bail application.
- Whether the petitioner’s prior criminal antecedents (more than three cases) should preclude confirmation of anticipatory bail.
Legislation cited
- Bihar Excise Act — s. 30(a), 30(c)
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- excise law
- deemed possession
- joint family property
- criminal antecedent
- provisional bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40016 of 2026
Arising Out of PS. Case No.-86 Year-2026 Thana- SHEKHPURA District- Sheikhpura
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Rubi Devi Wife of Vinod Chaudhary Resident Of Mohalla -Kunda
Korrampur, P.s.- Sheikhpura, District -Sheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Nandan Prasad
For the Opposite Party/s : Mr.Akshay Lal Pandit
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-06-2026 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 Sections 30(a) and
30(c) of the Bihar Excise Act.
3. Learned counsel for the petitioner submits that the
petitioner has antecedent of three cases out of which two cases
are under the Excise Act and is a woman and allegation is of
recovery of 15 litres of liquor from the courtyard of the
petitioner and 5 litres of liquor from the house of Rambilash
along with other articles as detailed in the FIR.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from her conscious possession and the house in
Patna High Court CR. MISC. No.40016 of 2026(2) dt.23-06-2026
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question is a joint family property as such it cannot be alleged
with certainty that it was petitioner who had kept the liquor in
the house or the liquor kept in the house was within knowledge
of the petitioner. It is next submitted that 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 also submitted that petitioner earlier also in similar manner
came to be implicated in cases relating to Excise.
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.
15,000/- (Rupees Fifteen 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
Sheikhpura P.S. Case No. 86 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.40016 of 2026(2) dt.23-06-2026
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in the event if it is found that petitioner has antecedent of more
than three cases 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 three
cases in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
Sumit/-
U T
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