Rubi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40016 of 2026 Arising Out of PS. Case No.-86 Year-2026 Thana- SHEKHPURA District- Sheikhpura ====================================================== Rubi Devi Wife of Vinod Chaudhary Resident Of Mohalla -Kunda Korrampur, P.s.- Sheikhpura, District -Sheikhpura ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sheo Nandan Prasad For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-06-2026 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 Sections 30(a) and 30(c) of the Bihar Excise Act.

3.

Learned counsel for the petitioner submits that the petitioner has antecedent of three cases out of which two cases are under the Excise Act and is a woman and allegation is of recovery of 15 litres of liquor from the courtyard of the petitioner and 5 litres of liquor from the house of Rambilash along with other articles as detailed in the FIR. 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 the house in

Patna High Court CR. MISC. No.40016 of 2026(2) dt.23-06-2026 2/3 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. 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. It is also submitted that petitioner earlier also in similar manner came to be implicated in cases relating to Excise. 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. 15,000/- (Rupees Fifteen Thousand) 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 Sheikhpura P.S. Case No. 86 of 2026, 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

Patna High Court CR. MISC. No.40016 of 2026(2) dt.23-06-2026 3/3 in the event if it is found that petitioner has antecedent of more than three cases 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 has antecedent of three cases in that event the provisional anticipatory bail order shall be confirmed forthwith.

(Satyavrat Verma, J) Sumit/- U T