Patna High Court
Lila Devi @ Masomat Lila DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court allowed the anticipatory bail application, granting provisional bail with conditions.
Summary
Lila Devi applied for anticipatory bail under Section 438 of the Cr.P.C. in connection with a case registered under Section 30(a) of the Excise Act for alleged recovery of 35 litres of liquor from a thatched house that is part of a joint family property. She argued that she has a clean antecedent, is a woman, and that no liquor was found in her conscious possession, contending that the amendment to the Excise Act has done away with the concept of deemed possession. The State opposed the bail. The Court, after considering the submissions, directed that she be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to verification of her criminal antecedent. The order stipulated that if any antecedent is discovered, the bail may be revoked, otherwise it will be confirmed.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Excise Act.
- Whether the amendment to the Excise Act eliminates the concept of deemed possession for bail considerations.
- Whether the petitioner’s clean antecedent and lack of conscious possession justify granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- Section 30(a)
- deemed possession
- clean antecedent
- joint family property
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91532 of 2025
Arising Out of PS. Case No.-184 Year-2025 Thana- TRIVENIGANJ District- Supaul
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Lila Devi @ Masomat Lila Devi W/O Late Kailu Rishidev @ Kailu Sada R/O
Village - Gonha, Ward No - 04, PS - Triveniganj, District - Supaul, State -
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kuldeep Kumar
For the Opposite Party/s : Ms.Veena Kumari Jaiswal
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 12-01-2026 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) 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 35 litres of liquor from a
thatched 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
Patna High Court CR. MISC. No.91532 of 2025(2) dt.12-01-2026
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with certainty that it was the 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 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
Triveniganj P. S. Case No.184 of 2025, 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
Patna High Court CR. MISC. No.91532 of 2025(2) dt.12-01-2026
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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 his 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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