Patna High Court
Shambha Khatoon @ Anguri KhatoonversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with Section 482(2) of the B.N.S.S.
Summary
Shambha Khatoon applied for anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 alleging that 9.6 litres of liquor were recovered from her house, which is a joint family property. The petitioner argued that she has a clean antecedent, is a woman, and that the liquor was not found in her conscious possession, contending that the amendment to the Excise Act in 2018 removed the concept of deemed possession. The State opposed the bail. The High Court, considering these submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S. The order also stipulated verification of the petitioner’s criminal antecedent, with confirmation of bail if she is found to have a clean record.
Issues considered
- Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 involving alleged possession of liquor in a joint family house.
- Whether the amendment removing the concept of deemed possession affects the prosecution's case.
- Whether the petitioner’s antecedent must be verified before confirming anticipatory bail under Section 482(2) of the B.N.S.S.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- possession
- excise law
- joint family property
- clean antecedent
- Section 30(a)
- Section 482(2)
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91844 of 2025
Arising Out of PS. Case No.-101 Year-2025 Thana- Haraiya District- East Champaran
======================================================
Shambha Khatoon @ Anguri Khatoon W/O Shahjad Miyan @ Sajjaad Miyan
Resident of Vilalge - Nepali Station, Ward No. 03, P.S. - Haraiya Raxaul,
District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Ranjan, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. Petitioner apprehends her 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 petitioner submits that
petitioner is a person with clean antecedent and is a woman and
allegation is of recovery of 9.6 litres of liquor from house of the
petitioner. It is next submitted that petitioner was not arrested
from the spot, as such, nothing was recovered from her
conscious possession and 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
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in the house was within his knowledge. It is next submitted that
after amendment in the Excise Act in the year 2018, the concept
of deemed possession and presumed offender has been done
away with and the petitioner came to be implicated at the
instance of local person but 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.
4. Learned A.P.P. opposes the anticipatory bail
application.
5. 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-bond in the
sum of Rs.500/- (Rupees Five Hundred) with two sureties of the
like amount each to the satisfaction of learned Special Judge
Excise Court No.-I, East Champaran, Motihari in connection
with Haraiya P.S. Case No.101 of 2025, subject to the
conditions laid down under Section 482(2) of the B.N.S.S.
6. The application stands allowed.
7. It is made clear that the learned trial Court after
accepting the provisional bail bonds of the petitioner shall verify
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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 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)
Sanjay/-
U T
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