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Patna High Court

Mehsi Devi @ Parwati DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The anticipatory bail application is allowed, granting provisional anticipatory bail subject to verification of antecedent and conditions under Section 482(2).

Summary

Mehsi Devi sought anticipatory bail fearing arrest in a case under Sections 274 and 275 of the B.N.S., 2023 and Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, where liquor was allegedly recovered from a joint family house. The petitioner argued she had no conscious possession, the liquor was not in her exclusive control, and the case relied on a confessional statement made in police custody, which lacks evidentiary value. The State opposed the bail. The High Court, considering the clean antecedent and lack of direct possession, granted provisional anticipatory bail subject to a Rs.500 bail bond, two sureties, and verification of the petitioner’s criminal record. The order is conditional: if any antecedent is found, the bail will not be confirmed; otherwise, it will be confirmed. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted when the accused has no conscious possession of the alleged contraband
  • Whether a confessional statement made in police custody can form the basis for arrest in the absence of other evidence
  • Effect of the 2018 amendment removing the concept of deemed possession on the bail application

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • confessional statement
  • liquor seizure
  • joint family property
  • clean antecedent
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.56909 of 2025
                    Arising Out of PS. Case No.-289 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Mehsi Devi @ Parwati Devi W/o Late Ramji Chaudhari @ Late Ramji
                 Chaudhary Resident of village- Baluwa Chikpatti, P.S.- Town, Distt.- East
                 Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :      Mr. Akbar Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   05-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends her arrest in a case registered

                   for the offences punishable under Sections 274 and 275 of

                   B.N.S., 2023 as well as Sections 30(a) and 41(1) of 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 35.7 litres of liquor from house of

                   the petitioner and 17.7 litres of liquor from house of co-accused.

                   It is next submitted that petitioner was not arrested from the

                   spot, as such, nothing was recovered from her conscious

                   possession and the house in question is a joint family property,
Patna High Court CR. MISC. No.56909 of 2025(3) dt.05-01-2026
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          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 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 and she came

          to be      implicated based             on confessional   statement   of

          apprehended accused in police custody which does not have any

          evidentiary value.

                       4. Learned A.P.P. opposes the anticipatory bail

          application.

                       5. 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 Special

          Judge, Excise Court No.-1, Motihari, East Champaran in

          connection with Town P.S. Case No.289 of 2025, subject to the

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

                       6. The application stands allowed.

                       7. It is made clear that the learned trial Court after
               Patna High Court CR. MISC. No.56909 of 2025(3) dt.05-01-2026
                                                           3/3




                         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)

Sanjay/-

U          T


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