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Patna High Court

Guria Devi @ Gudia KumariversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court held that, in the absence of any criminal antecedent and given the circumstances of joint family property and lack of arrest, provisional anticipatory bail may be granted under Section 438 CrPC, subject to verification of antecedent.

Summary

Guria Devi applied for anticipatory bail under Section 438 of the Criminal Procedure Code in connection with a case registered under Section 30(a) of the Excise Act for alleged possession of liquor recovered from a joint family house. The petitioner argued that she has a clean antecedent, is a woman, and that the liquor was found in a shared family property, making it uncertain that she had knowledge or control over it. The prosecution opposed the bail, contending that the offence is non‑bailable. The court considered the submissions, the lack of an arrest, and the petitioner’s clean record, and directed that she be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of her antecedent. The order further stipulated that if any criminal antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC for an offence punishable under Section 30(a) of the Excise Act.
  • Whether the fact that the alleged liquor was recovered from a joint family house affects the grant of anticipatory bail.
  • Whether the petitioner’s clean criminal antecedent influences the court’s decision to grant anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • liquor seizure
  • joint family property
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.631 of 2026
                          Arising Out of PS. Case No.-402 Year-2025 Thana- ATRI District- Gaya
                 ======================================================
                 Guria Devi @ Gudia Kumari W/O Om Prakash Manjhi @ Awadhesh Manjhi
                 R/o Vill.- Dihuri, Upathu, P.O.- Atri, P.S.- Atri, Dist.- Gaya

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Anuj Kumar
                 For the Opposite Party/s :       Mr.Kanhiya Kishor
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   15-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of her

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and is a woman

                   and allegation is of recovery of 35 litres of liquor from the

                   house of three accused persons out of which 15 litres of liquor is

                   alleged to have been recovered from the house of the petitioner

                   along with 1000 litres of jawa mahua from the house of all the

                   accused persons, which was destroyed.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was
Patna High Court CR. MISC. No.631 of 2026(2) dt.15-01-2026
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          recovered from her conscious possession and even the house in

          question is a joint family property and thus, it cannot be alleged

          with certainty that it was the petitioner, who had kept the liquor

          in the house or the liquor kept in the house was within her

          knowledge and she came to be implicated at the instance of

          Chaukidar, but then, it is submitted that if Chaukidar was aware

          of the involvement of the petitioner in the occurrence, then why

          he did not inform the police prior to institution of the present

          F.I.R., which casts an aspersion on the case of the prosecution.

          It is also submitted that Chaukidar is on an inimical term with

          her husband.

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

          application.

                       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 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 Trial Court

          where the case is pending/successor Court in connection with

          Atri P. S. Case No.402 of 2025, subject to the conditions laid
               Patna High Court CR. MISC. No.631 of 2026(2) dt.15-01-2026
                                                           3/3




                         down under Section 438(2) of the Cr.P.C.

                                      7. The application stands allowed.

                                      8. It is made clear that the learned trial Court after

                         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)
vikash/-

U          T


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