Patna High Court
Soviya DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail subject to conditions and verification of the petitioner’s antecedent.
Summary
The petitioner, Soviya Devi, applied for anticipatory bail under Section 438 of the Criminal Procedure Code in anticipation of arrest for alleged offences under Section 30(a) and 30(c) of the Excise Act, relating to the recovery of 14 litres of liquor from a house that is part of a joint family property. The petitioner argued that she has a clean antecedent, was not arrested on the spot, and that the liquor was not in her conscious possession, especially after the 2018 amendment to the Excise Act which abolished the concept of deemed possession. The State opposed the bail, contending that the allegations warranted detention. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing bail bonds of Rs.500 with two sureties, subject to verification of her antecedent by the trial court. The order further stipulated that if any criminal antecedent 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 438 CrPC in view of the alleged offences under Section 30(a) and 30(c) of the Excise Act.
- Whether the amendment to the Excise Act, 2018, which removed the concept of deemed possession, affects the petitioner’s liability.
- Whether the petitioner’s clean antecedent and the fact that the alleged liquor was located in a joint family house justify granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a), 30(c)
Subjects
- anticipatory bail
- Section 438 CrPC
- Excise Act
- Section 30
- joint family property
- clean antecedent
- deemed possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89903 of 2025
Arising Out of PS. Case No.-321 Year-2022 Thana- GOPALPUR District- Patna
======================================================
Soviya Devi s/o Late Swag Manjhi @ Sunah Manjhi Resident of Village-
Kanauji Mushari, P.S- Gopalpur, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhoy Kumar Kashyap
For the Opposite Party/s : Mr.Prem Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-01-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of her
arrest in a case registered for the offences punishable under
Section 30(a)(c) of the Excise Act.
3. The 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 14 litres of liquor from house of
the petitioner.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from her conscious possession and even the house in
question is a joint family property and thus, it cannot be alleged
with certainty that it was the petitioner, who had kept the liquor
Patna High Court CR. MISC. No.89903 of 2025(3) dt.22-01-2026
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in the house or the liquor kept in the house was within her
knowledge and after Amendment in the Excise Act, 2018, the
concept of deemed possession and presumed offender has been
done away with and she came to be implicated based on secret
information, which is the easiest way to implicate someone
without holding a proper investigation.
5. Learned A.P.P. opposes the anticipatory bail
application.
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 Court below
within a period of six weeks, is directed to be released on
provisional anticipatory bail on her furnishing bail-bonds in the
sum 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
Gopalpur P. S. Case No.321 of 2022, subject to the conditions
laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
the criminal antecedent of the petitioner and in the event, if it is
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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)
vikash/-
U T
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