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Patna High Court

Rekha DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of her criminal antecedents.

Summary

Rekha Devi was implicated in a case under Section 30(a) of the Bihar Excise Act for allegedly possessing 15 litres of liquor recovered from her joint family house. She argued that the liquor was not in her conscious possession, the house is jointly owned, and the 2018 amendment to the Excise Act abolished the concept of deemed possession and presumed offender. The prosecution opposed her request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition that she surrender within six weeks, furnish bail bonds and sureties, and that the trial court verify her criminal antecedents. The order stipulated that if more than one prior case is found, the bail would not be confirmed, but if only one prior case is found, the provisional bail would be confirmed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of alleged possession of liquor.
  • Whether the amendment to the Bihar Excise Act in 2018 eliminates the doctrine of deemed possession and presumed offender for Section 30(a) offences.
  • Whether the prosecution’s case is sufficient to deny anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • Section 30(a)
  • deemed possession
  • joint family property
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.57969 of 2025
                       Arising Out of PS. Case No.-71 Year-2025 Thana- Amdanda District- Bhagalpur
                 ======================================================
                 Rekha Devi W/O Birendra Urawn Resident Of Village- Kazha (Gargama),
                 P.S- Amdanda, Distt.- Bhagalpur.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ravi Prakash Dwivedi, Advocate
                 For the Opposite Party/s :        Mr. Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   06-01-2026                  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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the excise act and is

                   a woman and allegation is of recovery of 15 liters of liquor from

                   the house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from her conscious possession and the house in

                   question is a joint family property, as such, it cannot be alleged

                   with certainty that it was petitioner who had kept the liquor in
Patna High Court CR. MISC. No.57969 of 2025(3) dt.06-01-2026
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          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 also submitted that petitioner

          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.

                       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, 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.

          5,000/- (Rupees Five 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 Amdanda

          P.S. Case No. 71 of 2025 subject to the conditions as laid down

          under Section 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
            Patna High Court CR. MISC. No.57969 of 2025(3) dt.06-01-2026
                                                        3/3




                      in the event if it is found that petitioner has antecedent of more

                      than one case then it would be presumed that petitioner, for the

                      purposes of seeking anticipatory bail, had concealed her

                      antecedent before this Court, as such, the provisional

                      anticipatory bail order shall not be confirmed, but after

                      verification if it is found that petitioner has antecedent of one

                      case only, in that event the provisional anticipatory bail order

                      shall be confirmed forthwith.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T


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