Patna High Court
Muniya Devi @ Munni @ Muni DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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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