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Patna High Court

Lila Devi @ Masomat Lila DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                 ======================================================
                 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
                                                           3/3




                         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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