Patna High Court
Gaytri DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail, subject to bond, sureties, and verification of the petitioner’s antecedent.
Summary
The petitioner, Gaytri Devi, sought anticipatory bail after a police case under Section 30(a) of the Bihar Excise Act alleged that 4.32 litres of liquor were recovered from her joint family house and 360 ml from Anuj Kumar. The petitioner, a woman with one prior case, argued that she had no conscious possession of the liquor and that the property is jointly owned, making it uncertain that she knew of the liquor. She also contended that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender, and that the only evidence was a confessional statement by Anuj Kumar made in custody, which lacks evidentiary value. The State opposed the anticipatory bail. The Court granted provisional anticipatory bail on condition of a Rs.5,000 bond with two sureties, subject to verification of the petitioner’s criminal antecedent; if more than one prior case is found, the bail will not be confirmed, otherwise it will be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 30(a) of the Bihar Excise Act given the alleged recovery of liquor from a joint family house.
- Whether the removal of the concepts of deemed possession and presumed offender by the 2018 amendment precludes liability in the present case.
- Whether a confessional statement made by a co-accused in police custody is sufficient evidence to deny anticipatory bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- possession
- joint family property
- confessional statement
- deemed possession
- presumed offender
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57985 of 2025
Arising Out of PS. Case No.-20 Year-2023 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Gaytri Devi W/o Late Gopal Rabidas R/o vill - Rambandh Bangala Garaj,
ward no. 4, P.s.- Aurangabad (Town), Distt.- Aurangabad, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, 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 and is a woman and
allegation is of recovery of 4.32 liters of liquor from house of
the petitioner and 360 ml of liquor from possession of Anuj
Kumar.
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
Patna High Court CR. MISC. No.57985 of 2025(3) dt.06-01-2026
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question is a joint family property, 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 Anuj in police custody which does
not have any evidentiary value.
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
Aurangabad (Town) P.S. Case No. 20 of 2023 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.57985 of 2025(3) dt.06-01-2026
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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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