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Patna High Court

Anila DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that anticipatory bail may be granted subject to conditions, as the petitioner’s alleged possession is not established and she has a clean antecedent.

Summary

Anila Devi applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case under Section 30(a) of the Excise Act, alleging recovery of liquor from a third party and from her joint family house. She argued that she had no conscious possession, the FIR did not name her, and the amendment to the Excise Act had removed the concept of deemed possession. The State opposed the bail. The High Court, after considering the submissions, directed that she be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of her antecedent. The order stipulated that if any criminal antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an alleged offence under Section 30(a) of the Excise Act.
  • Whether the petitioner can be deemed to have possession of liquor under the amended Excise Act.
  • Whether the absence of the petitioner’s name in the FIR affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Excise Act
  • possession
  • joint family property
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5032 of 2026
                      Arising Out of PS. Case No.-341 Year-2025 Thana- BHARGAMA District- Araria
                 ======================================================
                 Anila Devi W/o Balram Sardar Resident of Village- Bhaiyaram Bishanpur,
                 ward no. 09, P.S.- Bhargama, District- Araria

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Gopal Kumar Jha
                 For the Opposite Party/s :       Ms.Renuka Ratnakar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-02-2026                  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 30(a) 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 05 litres of liquor from

                   possession of Bittu Raja and 14 litres of liquor from house of

                   the petitioner.

                                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.5032 of 2026(2) dt.02-02-2026
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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 at the instance of

          local person, but the name of the person, who disclosed the

          name of the petitioner is not disclosed in the F.I.R., which casts

          an aspersion on the case of the prosecution and petitioner has no

          concern or relation with Bittu Raja.

                       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

          Bhargama P. S. Case No.341 of 2025, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.
               Patna High Court CR. MISC. No.5032 of 2026(2) dt.02-02-2026
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                                      8. It is made clear that the learned trial Court after

                         accepting the provisional bail bonds of the petitioner shall verify

                         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/-

U          T


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