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Patna High Court

Sunita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that anticipatory bail may be granted conditionally despite the alleged offence, subject to verification of the petitioner’s antecedent.

Summary

Sunita Devi applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case registered under Section 30(a) of the Excise Act for the alleged recovery of 85 litres of liquor from her residence. The petitioner argued that she has a clean antecedent, is a woman, and that the liquor was found in a joint family house, not in her conscious possession. The State opposed the bail, contending that the offence warranted detention. The Court noted that the amendment to the Excise Act had done away with the concept of deemed possession and that the allegation was based on secret information without proper investigation. Accordingly, the Court granted provisional anticipatory bail subject to the petitioner furnishing bail bonds and two sureties, and directed the trial court to verify her antecedent before confirming the bail. If any antecedent is discovered, the provisional bail would be revoked; otherwise, it would be confirmed.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act where the alleged liquor was found in a joint family house and not in the petitioner’s conscious possession.
  • Whether the amendment removing the concept of deemed possession affects the grant of anticipatory bail.
  • Whether the petitioner’s clean antecedent is a condition for confirming anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 30 Excise Act
  • joint family property
  • clean antecedent
  • Section 438 CrPC
  • provisional bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83225 of 2025
                      Arising Out of PS. Case No.-583 Year-2025 Thana- DARIYAPUR District- Saran
                 ======================================================
                 Sunita Devi W/O Late Rajgir Chaudhary R/O Village- Dariyapur, P.S-
                 Dariyapur, Distt.- Saran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhananjay Kumar Tiwary
                 For the Opposite Party/s :       Mr.Rana Randhir Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   13-01-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of her

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The 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 85 litres of liquor from house of

                   the petitioner.

                                4. The learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from her conscious possession and even the house in

                   question is a joint family property and thus, it cannot be alleged

                   with certainty that it was the petitioner, who had kept the liquor
Patna High Court CR. MISC. No.83225 of 2025(3) dt.13-01-2026
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          in the house or the liquor kept in the house was within his

          knowledge and after Amendment in the Excise Act, 2018, the

          concept of deemed possession and presumed offender has been

          done away with and he came to be implicated based on secret

          information, which is the easiest way to implicate someone

          without holding a proper investigation.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       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 Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on her furnishing bail-bonds in the

          sum 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

          Dariyapur P. S. Case No.583 of 2025, subject to the conditions

          laid down under Section 438(2) of the Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is
               Patna High Court CR. MISC. No.83225 of 2025(3) dt.13-01-2026
                                                           3/3




                         found that petitioner has antecedent of even one case, then it

                         would be presumed that petitioner for the purposes of obtaining

                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present provisional anticipatory bail order shall

                         not be confirmed, but if on verification, 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)
vikash/-

U          T


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