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Patna High Court

Girija DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that the petitioner is entitled to provisional anticipatory bail subject to the stipulated conditions.

Summary

Girija Devi, a woman with a clean antecedent, sought anticipatory bail after the police alleged that 20.1 litres of liquor were recovered from her house in a case under Section 30(a) of the Bihar Prohibition and Excise Act. She argued that the house is joint family property, she had no conscious possession of the liquor, and the concept of deemed possession has been abolished. The State opposed the bail. The court, considering these submissions, granted provisional anticipatory bail on the condition that she surrender within six weeks, furnish a bail bond of Rs.500 with two sureties, and that the trial court verify her criminal antecedent. If any antecedent is found, the bail may be cancelled; otherwise, it will be confirmed. The order was made under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the alleged recovery of liquor from a joint family house can be attributed to the petitioner in the absence of conscious possession.
  • Whether the petitioner’s clean antecedent warrants the grant of provisional anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • joint family property
  • clean antecedent
  • provisional bail
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.498 of 2026
                      Arising Out of PS. Case No.-402 Year-2025 Thana- SURSAND District- Sitamarhi
                 ======================================================
                 Girija Devi W/O Virendra Sah R/O Vill.- Sursand, Ward no. 9, P.S.- Sursand,
                 Dist.- Sitamarhi.
                                                                            ... ... Petitioner/s
                                                 Versus
                 The State of Bihar
                                                                     ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Hans Lal Kumar, Advocate
                 For the Opposite Party/s :        Mr. Akbar Ali, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  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 offence punishable under Section 30(a) of the

                   Bihar Prohibition and 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 84.6 litres of liquor from the house

                   of four accused persons out of which 20.1 litres of liquor is

                   alleged to have been recovered from the house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from her conscious possession. It is further submitted

                   that the house in question is a joint family property, as such, it

                   cannot be alleged with certainty that it was the petitioner who
Patna High Court CR. MISC. No.498 of 2026(2) dt.15-01-2026
                                            2/3




          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. It is next

          submitted that petitioner came to be implicated based on the

          secret information which is the easiest way to implicate

          someone without holding a proper investigation of the case,

          when petitioner admittedly is a person with clean antecedent.

                       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, let 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 Sursand

          P.S. Case No. 402 of 2025, subject to the conditions as laid

          down under Section 438 (2) of the Cr.P.C./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 if
           Patna High Court CR. MISC. No.498 of 2026(2) dt.15-01-2026
                                                       3/3




                     it is found that petitioner has antecedent of even one case, it

                     would be presumed that petitioner had concealed her antecedent

                     before this Court at para 3 of the anticipatory bail application in

                     that event the provisional anticipatory bail order shall not be

                     confirmed but if it is found on verification that petitioner is a

                     person with clean antecedent in that event the provisional

                     anticipatory bail order shall be confirmed forthwith.


                                                                        (Satyavrat Verma, J)

Kundan/-

U     T


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