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Patna High Court

Nitu DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court provisionally granted anticipatory bail to the petitioner, subject to bond conditions and verification of her antecedent.

Summary

The petitioner, Nitu Devi, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 10 litres of liquor from her residence. She argued she has a clean antecedent, was not in actual possession, and the house is joint family property, making it uncertain that she knew of the liquor. She also claimed the complaint was motivated by a personal dispute involving the watchman and her husband. The State opposed the bail. The Court granted provisional anticipatory bail on condition of a Rs.500 bond with two sureties, subject to verification of her criminal antecedent, and stipulated that if any prior case is found, the bail would not be confirmed.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case under Section 30(a) of the Bihar Excise Act.
  • Whether the alleged possession of liquor can be imputed to the petitioner given the joint family ownership of the house.
  • Whether the petitioner’s clean antecedent and lack of conscious possession justify granting anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • Section 30
  • Bihar Excise Act
  • joint family property
  • clean antecedent
  • possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.82206 of 2025
                     Arising Out of PS. Case No.-415 Year-2025 Thana- DEEPNAGAR District- Nalanda
                 ======================================================
                 Nitu Devi W/o Mukke Chaudhary @ Muku Kumar R/o Village- Maghra
                 Sarai, PS- Deepnagar, District- Nalanda

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pramod Kumar Sinha
                 For the Opposite Party/s :       Mr.Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   19-01-2026               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 offences punishable under Section 30(a) of the

                   Bihar Excise Act.

                             3.    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 10 litres of liquor from door of

                   Mukke Chaudhary.

                             4.    Learned counsel for the petitioner submits that the

                   petitioner was not arrested from the spot as such nothing was

                   recovered from her conscious possession and after 2018

                   amendment in the Excise Act, the concept of deemed possession

                   and presumed offender has been done away with. It is next
Patna High Court CR. MISC. No.82206 of 2025(3) dt.19-01-2026
                                            2/3




          submitted that 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 knowledge of the petitioner. It is further

          submitted that she came to be implicated at the instance of

          Chowkidar since her husband, Mukke Chaudhary, is on an

          inimical term with him, as such Chowkidar implicated her in

          order to coerce Mukke Chaudhary into submission.

                   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

          Deepnagar P.S. Case No. 415 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 in the

          event if it is found that petitioner has antecedent of even one case
              Patna High Court CR. MISC. No.82206 of 2025(3) dt.19-01-2026
                                                          3/3




                        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)
Sumit/-

U         T


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