Patna High Court
Bhulli DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court granted provisional anticipatory bail to the petitioner subject to verification of antecedents and conditions under Section 482(2) of the CrPC.
Summary
The petitioner, Bhulli Devi, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 7 litres of liquor from a jointly owned family house. She argued that she had no conscious possession of the liquor, that the property was a joint family asset, and that she had a clean criminal record. The State opposed her request for anticipatory bail. The High Court considered the lack of direct possession, the joint family ownership, and her clean antecedent, and ordered provisional anticipatory bail subject to a bail bond of Rs.500 with two sureties and verification of her antecedents. The order further stipulated that if any prior case is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner can be deemed to have possession of the liquor found in a joint family house.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- anticipatory bail
- possession
- joint family property
- liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 30(a)
- Section 482(2) CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88902 of 2025
Arising Out of PS. Case No.-385 Year-2025 Thana- BABUBARHI District- Madhubani
======================================================
Bhulli Devi W/O Manoj Mukhiya R/o Vill.- Bhatchaura, P.S.-Babubarhi,
Distt- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saroj Kumar Choudhary
For the Opposite Party/s : Mr. Anil Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 05-01-2026 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 Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 7 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 her knowledge and after amendment in the
Patna High Court CR. MISC. No.88902 of 2025(2) dt.05-01-2026
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Excise Act in the year 2018, the concept of deemed possession
and presumed offender has been done away with she came to be
implicated based at the instance of chowkidar with whom her
husband is on an inimical term.
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.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
Babubarhi P.S. Case No.385/2025, 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 even one
case, in that event, it would be presumed that petitioner had
concealed her antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
Patna High Court CR. MISC. No.88902 of 2025(2) dt.05-01-2026
3/3
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)
amit/-
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