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Patna High Court

Savita Kuwar @ Sabita DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Provisional anticipatory bail was granted subject to verification of the petitioners’ antecedents and compliance with conditions under Section 482(2) of the Criminal Procedure Code.

Summary

Savita Kuwar and Sangeeta Devi, women residing in a joint‑family house in Bheldi, Saran, were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly possessing 30 litres of liquor. They argued that they have no prior criminal record, that the liquor was not in their conscious possession, and that the amendment to the Excise Act in 2018 had abolished the doctrine of deemed possession. The State opposed their prayer for anticipatory bail. The High Court, after hearing both sides, granted provisional anticipatory bail on the condition that the petitioners furnish a bail bond of Rs 500 with two sureties and that the trial court verify their antecedents. The order stipulated that if any criminal antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The decision was based on the court’s discretion under Section 482(2) of the Criminal Procedure Code and the facts presented.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.

Legislation cited

Subjects

  • anticipatory bail
  • prohibition act
  • liquor possession
  • deemed possession
  • joint family property
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90579 of 2025
                         Arising Out of PS. Case No.-241 Year-2025 Thana- BHELDI District- Saran
                 ======================================================
           1.     Savita Kuwar @ Sabita Devi W/O Late Pramod Manjhi R/O Village-
                  Basantpur, P.S.- Bheldi, District- Saran at Chapra.
           2.    Sangeeta Devi @ Sangita Devi W/O Sanjay Manjhi R/O Village- Basantpur,
                 P.S- Bheldi, Dist.- Saran at Chapra.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Avinash Kumar Pandey
                 For the Opposite Party/s :        Mr. Umeshanand Pandit
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   08-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act, 2016.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and are women

                   and allegation is of recovery of 30 litres of liquor from house of

                   the petitioners. It is next submitted that petitioners were not

                   arrested from the spot as such nothing was recovered from their

                   conscious possession and the house in question is a joint family

                   property as such it cannot be alleged with certainty that it were
Patna High Court CR. MISC. No.90579 of 2025(2) dt.08-01-2026
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          petitioners, who had kept the liquor in the house or the liquor

          kept in the house was within his 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 they came to be implicated based on secret information

          which is the easiest way to implicate someone without holding a

          proper investigation.

                       4. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                       5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners above-named, in the

          event of their 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) each 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

          Bheldi P.S. Case No.241/2025, subject to the conditions as laid

          down under Section 482(2) of the B.N.S.S.

                       6. It is made clear that thereafter the learned trial court

          thereafter shall verify the criminal antecedents of the petitioners

          and in the event if it is found that petitioners have antecedent of
             Patna High Court CR. MISC. No.90579 of 2025(2) dt.08-01-2026
                                                         3/3




                       even one case, in that event, it would be presumed that

                       petitioners had concealed their antecedent before this court, as

                       such, the provisional anticipatory bail order shall not be

                       confirmed with but if after verification it is found that

                       petitioners are persons with clean antecedent, in that event the

                       provisional anticipatory bail order shall be confirmed forthwith.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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