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Patna High Court

Muniya Devi @ Munni @ Muni DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted provisional anticipatory bail to the petitioner, subject to conditions and verification of her antecedent.

Summary

Muniya Devi sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Excise Act alleging that 14 litres of liquor were recovered from her house. She argued that she has a clean antecedent, is a woman, and that the liquor was located in a joint‑family property, so she had no conscious possession. The State opposed the bail, contending that the alleged possession justified arrest. The court noted that the 2018 amendment to the Excise Act had done away with the doctrine of deemed possession and that the prosecution had not shown that the petitioner knowingly kept the liquor. Accordingly, the court granted provisional anticipatory bail subject to a modest bond, two sureties and verification of the petitioner’s antecedent, with the order to be confirmed if she is found to have no prior criminal record.

Issues considered

  • Whether anticipatory bail is appropriate in a case of alleged possession of liquor under Section 30(a) of the Bihar Excise Act
  • Whether the removal of the doctrine of deemed possession by the 2018 amendment affects the petitioner’s liability
  • Whether the fact that the liquor was found in a joint‑family house and the petitioner’s lack of conscious possession preclude arrest

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • possession
  • joint family property
  • clean antecedent
  • Section 30(a)
  • Section 482(2)
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.76430 of 2025
                    Arising Out of PS. Case No.-459 Year-2024 Thana- RAFIGANJ District- Aurangabad
                 ======================================================
                 Muniya Devi @ Munni @ Muni Devi Wife of Late Nanku Chauhan Daughter
                 of Late Prahalad Noniya, Resident of Village - Baligaon, P.S.- Rafiganj,
                 District - Aurangabad, Permanent address village Gurua, P.S.- Gurua, District
                 - Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhubneshwar Mahto, Advocate
                 For the Opposite Party/s :       Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   23-02-2026                   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 14 liters of liquor from house of the

                   petitioner.

                                 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
Patna High Court CR. MISC. No.76430 of 2025(3) dt.23-02-2026
                                            2/3




          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 secret information which is the easiest way to implicate

          someone.

                       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 Rafiganj

          P.S. Case No. 459 of 2024 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

          in the event if it is found that petitioner has antecedent of even
            Patna High Court CR. MISC. No.76430 of 2025(3) dt.23-02-2026
                                                        3/3




                      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


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