Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
Provisional anticipatory bail was granted subject to verification of the petitioner’s antecedent and compliance with the stipulated conditions.
Summary
Sunita Devi was implicated in a case under Section 30(a) of the Bihar Excise Act for alleged recovery of 4 litres of liquor from her residence, which is part of a joint family property. She applied for anticipatory bail, arguing that she has a clean antecedent, is a woman, and that no liquor was found in her conscious possession, especially after the 2018 amendment that abolished the concept of deemed possession. The State opposed the bail. The Court, considering these submissions, granted provisional anticipatory bail on the condition that she furnish bail bonds and two sureties, and that the trial court verify her criminal antecedent within six weeks. If any antecedent is discovered, the bail will not be confirmed; otherwise, it will be confirmed forthwith. The order was made under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS in a case under Section 30(a) of the Bihar Excise Act.
- Whether the amendment to the Bihar Excise Act removing deemed possession affects the applicability of anticipatory bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- excise law
- Section 30
- Bihar Excise Act
- deemed possession
- joint family property
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84982 of 2025
Arising Out of PS. Case No.-359 Year-2025 Thana- GURUA District- Gaya
======================================================
Sunita Devi W/o- Samful Mandal @ Bholi @ Sambhu Mandal @ Bholi
Mandal Resident of Village- Rajan, P.S.- Gurua, District- Gaya,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Gajendra Kumar Singh
For the Opposite Party/s : Mr.Shyameshwar Dayal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 20-01-2026 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 19 litres of liquor from the house of
four different persons out of which 4 litres of liquor is alleged to
have been recovered from the house of 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
amendment in the Excise Act, the concept of deemed possession
Patna High Court CR. MISC. No.84982 of 2025(3) dt.20-01-2026
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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 and she came to
be implicated at the instance of local people, but then the name
of the person, who disclosed the name of the petitioner is not
disclosed in the FIR, which casts an aspersion on the case of the
prosecution, when petitioner admittedly is a person with clean
antecedent.
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 Gurua
P.S. Case No. 359 of 2025, subject to the conditions as laid
down under Section 482(2) of the BNSS.
Patna High Court CR. MISC. No.84982 of 2025(3) dt.20-01-2026
3/3
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
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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