Patna High Court
Dhanmatiya Devi @ Dhanmuni DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court conditionally granted provisional anticipatory bail to the petitioner, subject to verification of her antecedent and compliance with bail bond conditions.
Summary
Petitioner Dhanmatiya Devi sought anticipatory bail fearing arrest under Section 30(a) of the Bihar Excise Act for alleged recovery of 5 litres of liquor from her residence, which she claims is joint family property and not in her conscious possession. She argued she has a clean antecedent and that the 2018 amendment to the Excise Act abolished the concepts of deemed possession and presumed offender. The State opposed the bail. The High Court, considering these submissions, granted provisional anticipatory bail on the condition that the petitioner furnish a bail bond of Rs.500 with two sureties and that the trial court verify her antecedent; if any prior case is found, 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 Bihar Excise Act after the 2018 amendment eliminating deemed possession.
- Whether the petitioner’s alleged possession of liquor in a joint family house can constitute an offence warranting arrest.
- Whether the High Court can impose conditions under Section 482(2) of the CrPC while granting anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Excise Act
- Section 30(a)
- Section 482(2)
- joint family property
- possession
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91794 of 2025
Arising Out of PS. Case No.-699 Year-2025 Thana- BODHGAYA District- Gaya
======================================================
Dhanmatiya Devi @ Dhanmuni Devi W/O Vijay Manjhi R/O Village -
Bakraur, P.S- Bodhgaya, District - Gayaji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sunil Kumar
For the Opposite Party/s : Mr.Dr. Kumar Uday Pratap
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Excise Act.
3. 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 5 litres of liquor from the house of
the petitioner and 5 litres of liquor from house of Litto Manjhi.
4. Learned counsel for the petitioner submits that the
petitioner was not arrested from the spot as such nothing was
recovered from her conscious possession and after 2018
amendment in the Excise Act, the concept of deemed possession
and presumed offender has been done away with. It is next
Patna High Court CR. MISC. No.91794 of 2025(2) dt.13-01-2026
2/3
submitted that 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 liquor kept in the
house was within knowledge of the petitioner and she came to
be implicated at the instance of local people, but then the 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.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
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 trial court
within a period of six weeks from today, be released on
Provisional anticipatory bail on furnishing bail bonds 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 Bodh
Gaya P.S. Case No. 699 of 2025, subject to the conditions as
laid down under Section 482(2) of the BNSS.
7. It is made clear that thereafter the learned Trial Court
shall verify the criminal antecedent of the petitioner and in the
event if it is found that petitioner has antecedent of even one case
Patna High Court CR. MISC. No.91794 of 2025(2) dt.13-01-2026
3/3
then it would be presumed that petitioner, for the purposes of
seeking anticipatory bail, had concealed her antecedent before this
Court, as such, the provisional anticipatory bail order shall not be
confirmed, but after verification if 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)
Sumit/-
U T
Checking your session…