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Patna High Court

Kakulati DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of her criminal antecedents.

Summary

Kakulati Devi sought anticipatory bail fearing arrest in a case under Sections 274, 275 and 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Excise Act, alleging that liquor was recovered from a joint family house without her personal possession. She argued that the 2018 amendment to the Excise Act abolished the doctrine of deemed possession and that the police had mechanically implicated her without proper investigation. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition of furnishing a bail bond of Rs.15,000 with two sureties and directed the trial court to verify her criminal antecedents. The order stipulated that if more than three prior cases are found, the bail would not be confirmed; otherwise, it would be confirmed forthwith.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bihar Narcotic Substances Act.
  • Whether the doctrine of deemed possession applies post‑2018 amendment of the Bihar Excise Act.
  • Whether the petitioner’s antecedent of three cases affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • deemed possession
  • excise law
  • joint family property
  • criminal antecedent
  • Section 482
  • Bihar Excise Act
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.83680 of 2025
                     Arising Out of PS. Case No.-426 Year-2024 Thana- LADANIA District- Madhubani
                 ======================================================
                 Kakulati Devi Wife of Chote Lal Paswan Resident of village - Pathrahi
                 Sarsara, Ward No.- 11, P.S.- Ladaniya, District - Madhubani, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjay Kumar Jha
                 For the Opposite Party/s :       Mr.Uma Shankar Prasad Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-01-2026               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 Sections 274, 275

                   and 3(5) of BNS and Section 30(a) of the Bihar Excise Act.

                             3.    Learned counsel for the petitioner submits that the

                   petitioner has antecedent of three cases out of which two cases

                   are under the Excise Act and allegation is of recovery of 130

                   litres of liquor along with 3000 litres of half made liquor

                   solution from the house of different named accused including

                   the petitioner.

                             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
Patna High Court CR. MISC. No.83680 of 2025(2) dt.17-01-2026
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          amendment in the Excise Act, the concept of deemed possession

          and presumed offender has been done away with. It is next

          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 once an accused is implicated in a case relating to

          excise, the police starts implicating mechanically either at the

          instance of Chowkidar, local person, confessional statement or

          secret information without holding a proper investigation. It is

          also submitted that it absolutely does not stand to reason that

          how the same quantity of liquor was recovered from the house

          of different accused persons.

                   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. 15,000/- (Rupees

          Fifteen 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 Ladnaiya P.S. Case
              Patna High Court CR. MISC. No.83680 of 2025(2) dt.17-01-2026
                                                          3/3




                        No. 426 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 more than three

                        cases 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 has

                        antecedent of three cases in that event the provisional anticipatory

                        bail order shall be confirmed forthwith.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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