Patna High Court
Talami Soren @ Talamai SorenversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Summary
Talami Soren, a woman with no prior criminal record, was implicated in a case under Section 30(a) of the Bihar Excise Act for alleged possession of liquor recovered from her house and nearby premises. She contended that the liquor was stored in a joint family property, that she had no conscious possession, and that the allegation stemmed from a watchman's false testimony due to a dispute with her husband. The petitioner sought anticipatory bail, arguing that the 2018 amendment to the Excise Act had abolished the concept of deemed possession and presumed offender. The State opposed the bail. The court granted provisional anticipatory bail conditioned on the petitioner furnishing a bail bond and sureties, and directed the trial court to verify her antecedent; if any prior case is found, the bail would not be confirmed, otherwise it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail can be granted in a case of alleged possession under Section 30(a) of the Bihar Excise Act after the 2018 amendment removing deemed possession.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify granting anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- deemed possession
- joint family property
- clean antecedent
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7476 of 2026
Arising Out of PS. Case No.-63 Year-2025 Thana- ANGARH District- Purnia
======================================================
Talami Soren @ Talamai Soren Wife of Johan Hembram Resident of village-
Hariyakhal, Ps- Angarh, Dist- Purnia
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Helal Ahmad, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-02-2026 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 is a person with clean antecedent and is a woman and
allegation is of recovery of 5 liters of liquor from house of the
petitioner and 2 liters of liquor behind the house of Ashok.
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.7476 of 2026(2) dt.19-02-2026
2/3
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 next submitted that she came to
be implicated at the instance of Chowkidar with whom her
husband is on an inimical term. It is also submitted that it
appears that Chowkidar in order to coerce her husband into
submission falsely implicated the petitioner.
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.
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 Angarh
P.S. Case No. 63 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.7476 of 2026(2) dt.19-02-2026
3/3
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 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 is a person with clean
antecedent in that event the provisional anticipatory bail order
shall be confirmed forthwith.
(Satyavrat Verma, J)
Rishabh/-
U T
Checking your session…