Patna High Court
Usha DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedents and compliance with the conditions under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Usha Devi, sought anticipatory bail fearing arrest in a case alleging possession of 10 litres of liquor under Section 30(a) of the Bihar Prohibition and Excise Act. She argued that she has a clean antecedent, is a woman, and that the liquor was found in a joint family house, making it uncertain whether she had knowledge or control over it. She further contended that the 2018 amendment to the Act abolished the doctrine of deemed possession and presumed offender, rendering the charge untenable without proper investigation. The State opposed the bail. The Court, after considering the submissions, granted provisional anticipatory bail on the condition of a Rs.500 bail bond with two sureties and directed the trial court to verify her antecedents before confirming the bail.
Issues considered
- Whether anticipatory bail can be granted in a case of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise Act after the 2018 amendment removing deemed possession.
- Whether the petitioner’s clean antecedent and the joint family nature of the property justify granting bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- deemed possession
- liquor possession
- Bihar Prohibition and Excise Act
- joint family property
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68022 of 2025
Arising Out of PS. Case No.-652 Year-2024 Thana- DHANARUA District- Patna
======================================================
Usha Devi W/o Anuj Chaudhary @ Lilku Chaudhry R/o Village- Barni Bazar,
P.S.- Dhanrua, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheonandan Pandit
For the Opposite Party/s : Mr. Ahmad Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 07-01-2026 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 offence punishable under Section 30(a) 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 10 litres of liquor from house of the
petitioner. 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
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
Patna High Court CR. MISC. No.68022 of 2025(3) dt.07-01-2026
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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 secret information which is the easiest
way to implicate someone without holding a proper
investigation.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 from today, be released on
provisional anticipatory bail on furnishing bail bonds 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 Dhanarua
P.S. Case No.652/2024, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed her antecedent before this court, as such, the
Patna High Court CR. MISC. No.68022 of 2025(3) dt.07-01-2026
3/3
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)
amit/-
U T
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