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Patna High Court

Gaytri DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/3




          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
                                                        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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