Patna High Court
Nitu DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- BNSS — s. 482(2)
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
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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
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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
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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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