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Patna High Court

Shambha Khatoon @ Anguri KhatoonversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
Patna High Court CR. MISC. No.91844 of 2025(2) dt.13-01-2026
                                            2/3




          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
               Patna High Court CR. MISC. No.91844 of 2025(2) dt.13-01-2026
                                                           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 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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