Patna High Court
Manju Kunwar @ Manju KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to bail bond, sureties and verification of the petitioner’s criminal antecedents.
Summary
Manju Kunwar, a widow, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, alleging recovery of liquor from her joint family house and a nearby bush. She contended that she was not arrested on the spot, had no conscious possession of the liquor, and that the concept of deemed possession had been abolished by the 2018 amendment. She further claimed that the watchman’s accusation was motivated by personal enmity with her late husband. The State opposed her anticipatory bail application. The High Court, considering these submissions, granted provisional anticipatory bail conditioned on a bail bond, sureties, and verification of her criminal antecedents, with the order to be confirmed or revoked based on that verification.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the alleged recovery of liquor and her alleged lack of conscious possession.
- Whether the concept of deemed possession under the Bihar Prohibition and Excise Act applies post the 2018 amendment.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- anticipatory bail
- deemed possession
- excise law
- joint family property
- Section 30(a)
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5630 of 2026
Arising Out of PS. Case No.-257 Year-2025 Thana- JANTA BAZAR District- Saran
======================================================
Manju Kunwar @ Manju Kumari Wife of Late Bhagwan Chaudhary R/o
Village - Sobhipur, P.S. - Janta Bajar, Dist. - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mrityunjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Mritunjay Kumar Nirala, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 03-02-2026 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 (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
is a woman and allegation is of recovery of 25 litres of liquor
from the house of the petitioner and 15 litres of liquor from the
bush.
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.5630 of 2026(2) dt.03-02-2026
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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 at the instance of
the Chawkidar with whom the husband of the petitioner is on an
inimical term. It is also submitted that the Chawkidar in order to
coerce the husband of the petitioner into submission falsely
implicated the petitioner. It is lastly submitted that earlier also
petitioner came to be implicated in a similar manner.
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.10,000/- (Rupees Ten 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 Janta
Bazar P.S. Case No. 257 of 2025, subject to the conditions as
laid down under Section 438(2) of the Cr.P.C./482(2) of the
Patna High Court CR. MISC. No.5630 of 2026(2) dt.03-02-2026
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BNSS.
7. It is made clear that thereafter the learned trial
court shall verify the criminal antecedent of the petitioner and if
it is found that petitioner has antecedent of more than two cases,
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 has antecedent of only two cases in that event the
provisional anticipatory bail order shall be confirmed forthwith.
8. At this stage, learned counsel for the petitioner
based on instruction submits that petitioner undertakes to
deposit an amount of Rs.2,500/- with the Advocate Association
of the Patna High Court within a period of two weeks from
today.
(Satyavrat Verma, J)
Kundan/-
U T
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