Patna High Court
Rani DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted provisional anticipatory bail to the petitioner subject to bond, sureties and verification of her antecedents.
Summary
Rani Devi sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of 12 litres of liquor recovered from her joint family house. She argued that she was not arrested on the spot, no liquor was found in her conscious possession, and the amendment removed the doctrine of deemed possession, making the allegation unreliable. She also claimed the complaint was motivated by a hostile chowkidar to pressure her husband. The State opposed the bail. The Court granted provisional anticipatory bail conditioned on a Rs.10,000 bond with two sureties and directed the trial court to verify her criminal antecedents, confirming bail only if she has exactly two prior cases, otherwise revoking it.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- deemed possession
- joint family property
- Section 30(a)
- Section 482(2)
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82974 of 2025
Arising Out of PS. Case No.-183 Year-2025 Thana- NATWAR District- Rohtas
======================================================
Rani Devi W/o- Umesh Chaudhary Vill- Tenuaj PS- Natwar Dist- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Pandey
For the Opposite Party/s : Ms. Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 21-01-2026 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 offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of two cases under the Excise Act and
is a woman and allegation is of recovery of 12 litres of liquor
from house of the petitioner. It is next submitted that petitioner
was not arrested 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 the house or the
liquor kept in the house was within his knowledge and after
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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 at the instance of chowkidar
with whom her husband is on an inimical term. It is also
submitted that chowkidar implicated the petitioner only to
coerce her husband into submission.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. 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 Court below
within a period of six weeks from today, be released on
provisional anticipatory bail on furnishing bail bonds of
Rs.10,000/- (Rupees ten thousand) 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 Natwar
P.S. Case No.183/2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of more than
two cases, in that event, it would be presumed that petitioner
Patna High Court CR. MISC. No.82974 of 2025(2) dt.21-01-2026
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had concealed her antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner has antecedent of two
cases, in that event the provisional anticipatory bail order shall
be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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