Gauri DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.4760 of 2026
                   Arising Out of PS. Case No.-278 Year-2025 Thana- MUSAHARI District- Muzaffarpur
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           1.     Gauri Devi W/O Dwarika Sah R/O Village- Nayagaon, P.S.- Mushahari,
                  District- Muzaffarpur
           2.    Dwarika Sah S/O Late Ramashish Sah R/O Village- Nayagaon, P.S.-
                 Mushahari, District- Muzaffarpur

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :      Mr. Yugal Kishore
                 For the Opposite Party/s :      Mr. Khurshid Anwar
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                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   31-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                3. Learned counsel for the petitioners submits that

                   petitioner no.1 is a person with clean antecedent and is a woman

                   and petitioner no.2 has antecedent of one case under the Excise

                   Act and allegation is of recovery of 7.450 litres of liquor from a

                   pit in the house of the petitioners. It is next submitted that

                   petitioners were not arrested from the spot as such nothing was

                   recovered from their conscious possession and the house in
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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 his

          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 they came to be implicated at the

          instance of local person but then the name of the person who

          disclosed the name of the petitioner is not disclosed in the FIR

          which casts an aspersion on the case of the prosecution.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks from today, be released on

          provisional anticipatory bail on furnishing bail bonds of

          Rs.5000/- (Rupees five thousand) each 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

          Mushahari P.S. Case No.278/2025, subject to the conditions as

          laid down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that thereafter the learned trial court
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                       thereafter shall verify the criminal antecedents of the petitioners

                       and in the event if it is found that petitioner no.1 has antecedent

                       of even one case and petitioner no.2 has antecedent of more than

                       one case, in that event, it would be presumed that petitioners

                       had concealed their antecedent before this court, as such, the

                       provisional anticipatory bail order shall not be confirmed with

                       but if after verification it is found that petitioner no.1 is a person

                       with clean antecedent and petitioner no.2 has antecedent of one

                       case, in that event the provisional anticipatory bail order shall be

                       confirmed forthwith.

                                    7. At this stage, the learned counsel for the petitioners

                       based on instruction submits that petitioners undertake to

                       deposit an amount of Rs.2500/- with Advocates’ Association,

                       Patna High Court within a period of two weeks from today.



                                                 (Satyavrat Verma, J)
amit/-

U        T