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Patna High Court

Sangita Devi @ Sangeeta DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The High Court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions.

Summary

Sangita Devi applied for anticipatory bail after learning that she might be arrested under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 20,800 litres of liquor from her joint family house. She argued that she has a clean antecedent, is a woman, and that no liquor was found in her conscious possession at the time of arrest. The petitioner contended that the amendment to the Excise Act in 2018 abolished the concepts of deemed possession and presumed offender, and that the FIR did not name the informant, casting doubt on the prosecution's case. The State opposed the bail, but the High Court considered the lack of direct possession, the clean record, and the statutory changes. The Court granted provisional anticipatory bail subject to a Rs.500 bond, two sureties, and verification of her antecedent, with a provision to revoke bail if any prior case is discovered. The order was made under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted in a case of alleged possession of liquor under Section 30(a) of the Bihar Prohibition and Excise Act when the accused claims no conscious possession and a clean antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • possession
  • excise law
  • clean antecedent
  • joint family property
  • Section 30
  • Bihar Prohibition and Excise Act
  • High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89309 of 2025
                    Arising Out of PS. Case No.-605 Year-2025 Thana- AURANGABAD TOWN District-
                                                       Aurangabad
                 ======================================================
                 Sangita Devi @ Sangeeta Devi Wife of Late Bouna Chaudhary Resident of
                 Village- Bhiya Toli (Adari River), P.S.- Aurangabad (Town), District-
                 Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Binod Kumar Pandey, Advocate
                 For the Opposite Party/s :     Ms. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   31-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. 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 20.800 litres of liquor from the

                   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
Patna High Court CR. MISC. No.89309 of 2025(3) dt.31-01-2026
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          liquor kept in the house was within her knowledge and after

          amendment in the Excise Act in the year 2018, the concept of

          deemed possession and presumed offender has been done away

          with and she came to be implicated at the instance of local

          person but then 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.

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

          application.

                       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, is directed to be released on

          provisional anticipatory bail on her furnishing bail-bond in the

          sum of Rs.500/- (Rupees Five Hundred) with two sureties of the

          like amount each to the satisfaction of learned A.D.J.-cum-

          Exclusive Special Excise Court No.-01, Aurangabad in

          connection with Aurangabad (Town) P.S. Case No.605 of 2025,

          subject to the conditions laid down under Section 482(2) of the

          B.N.S.S.

                       6. The application stands allowed.
               Patna High Court CR. MISC. No.89309 of 2025(3) dt.31-01-2026
                                                           3/3




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

                         accepting the provisional bail bond of the petitioner 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 obtaining

                         anticipatory bail had concealed her 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)

Sanjay/-

U          T


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