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Patna High Court

Sunita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
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                                 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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