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Soniya Devi Vs the State of Bihar — Anticipatory Bail | Patna HC (2024)

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Patna HC
2024
Soniya Devi Vs the State of BiharSoniya Devi v. the State of Bihar

Allowed¶19

Soniya Devi v. the State of Bihar

Patna HC5 Mar 2024CR. MISC./12556/2024

Case brief

AI extract

What is this about?

Patna High Court, Criminal Miscellaneous No.12556 of 2024, decided 05-03-2024 by Satyavrat Verma, J. Soniya Devi v. The State of Bihar. Anticipatory bail allowed under Section 438 Cr.P.C. in G.B. Nagar P.S. Case No.458 of 2023 (Siwan) for Excise Act offences Sections 30(a), 30(d), 34 and 36; alleged 20 litres liquor recovery from petitioner's house; counsel argued absence of conscious possession and effect of 2018 Excise Act amendment doing away with deemed possession/presumed offender; bail-bond Rs. 500 with two sureties; Exclusive Special Excise Court No.1, Siwan.

What did the court decide?

Anticipatory bail granted: petitioner to be released on bail on arrest or surrender within six weeks, furnishing bail-bond of Rs.500/- with two sureties of like amount each to the satisfaction of Exclusive Special Excise Court No.1, Siwan, subject to Section 438(2) Cr.P.C. conditions.

Why is it important?

In the event of her arrest or surrender before the learned Court below within six weeks, the petitioner is directed to be released on bail on furnishing bail-bonds of Rs.500/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No.1, Siwan, in connection with G.B. Nagar P.S. Case No.458 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C. ¶18

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail on arrest or surrender within six weeks, furnishing bail-bond of Rs.500/- with two sureties of like amount each to the satisfaction of Exclusive Special Excise Court No.1, Siwan, subject to Section 438(2) Cr.P.C. conditions.

Issue for consideration

Whether the petitioner, apprehending arrest in G.B. Nagar P.S. Case No.458 of 2023 registered for offences under Sections 30(a), 30(d), 34 and 36 of the Excise Act, is entitled to anticipatory bail.

Court's answer

In the event of her arrest or surrender before the learned Court below within six weeks, the petitioner is directed to be released on bail on furnishing bail-bonds of Rs.500/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No.1, Siwan, in connection with G.B. Nagar P.S. Case No.458 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

Ratio / Principle

The anticipatory bail application stands allowed.

Detailed headnote1 paragraphs

Anticipatory bail - Section 438 Cr.P.C. - Offences under Sections 30(a), 30(d), 34 and 36 of the Excise Act (G.B. Nagar P.S. Case No.458 of 2023, Siwan) - Allegation of recovery of 20 litres of liquor from the petitioner's joint family house; petitioner not arrested from the spot - Held: petitioner, in the event of arrest or surrender within six weeks, to be released on bail on furnishing bail-bond of Rs.500/- with two like sureties to the satisfaction of Exclusive Special Excise Court No.1, Siwan, subject to conditions under Section 438(2) Cr.P.C. Application allowed.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.12556 of 2024

Arising Out of PS. Case No.-458 Year-2023 Thana- GAUTAMBUDHNAGAR DistrictSiwan

======================================================

Soniya Devi, W/O- Chandan Rawat R/O- Village- Gaur Kathak P.S.- G.B. Nagar, Dist.- Siwan.

... ... Petitioner/S

Versus

The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Mthilesh Kumar For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

2 05-03-2024

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 30(a), 30(d), 34 and 36 of the Excise Act.

The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the allegation is of recovery of 20 litres of liquor from the house of the petitioner.

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 after Amendment in the Excise Act, 2018, the concept of deemed possession and

Patna High Court CR. MISC. No.12556 of 2024(2) dt.05-03-2024 2/2

presumed offender has been done away with. It is also submitted that even the house, which is a joint family property and thus, it cannot be alleged with certainty that it was the petitioner, who had kept the liquor in the house or the liquor kept in the house was within his knowledge, when admittedly petitioner is a person with clean antecedent.

Learned A.P.P. opposes the bail application.

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 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 Exclusive Special Excise Court No.1, Siwan in connection with G.B. Nagar P. S. Case No.458 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

The application stands allowed.

(Satyavrat Verma, J)

vikash/-

U T

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the petitioner, apprehending arrest in G.B. Nagar P.S. Case No.458 of 2023 registered for offences under Sections 30(a), 30(d), 34 and 36 of the Excise Act, is entitled to anticipatory bail.¶11
The court held
In the event of her arrest or surrender before the learned Court below within six weeks, the petitioner is directed to be released on bail on furnishing bail-bonds of Rs.500/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No.1, Siwan, in connection with G.B. Nagar P.S. Case No.458 of 2023, subject to the conditions laid down under Section 438(2) of the Cr.P.C.ratio¶18

Statutes considered

3 provisions across 3 enactments

AI extract

Excise Act30(a); 30(d); 34; 36¶11
Cr.P.C.438(2)¶18
Excise Act, 2018the Excise Act, 2018¶13

Procedural history

How this case reached the court

AI extract

Prior proceeding
Case registered as G.B. Nagar P.S. Case No.458 of 2023 (District Siwan) for offences punishable under Sections 30(a), 30(d), 34 and 36 of the Excise Act; petitioner sought pre-arrest bail.¶11
Prior proceeding
Allegation against the petitioner is of recovery of 20 litres of liquor from her house; counsel contended she was not arrested from the spot and the house is joint family property.¶12

Parties & counsel

AI extract

petitioner
Soniya Devi, W/O- Chandan Rawat R/O- Village- Gaur Kathak P.S.- G.B. Nagar, Dist.- Siwan¶4
Mr.Mthilesh Kumar
respondent
The State Of Bihar¶7
Mr.Md. Anzarul Haque Sahara

Coram

AI extract

Satyavrat Vermaauthor¶8

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 5 Mar 2024 · March
Registered: 15 Feb 2024
Case no.: CR. MISC./12556/2024
CNR: BRHC010088682024
Topic: Anticipatory Bail
Bench: Satyavrat Verma
Disposal: BAIL GRANTED
Case type: Criminal Miscellaneous

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Cite this judgement

Soniya Devi v. the State of Bihar, CR. MISC./12556/2024 (PAT), decided on 5 March 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Excise Act30(a); 30(d); 34; 36
Cr.P.C.438(2)
Excise Act, 2018the Excise Act, 2018

View all statutes

Procedural history2

Case registered as G.B. Nagar P.S. Case No.458 of 2023 (District Siwan) for offences punishable under Sections 30(a), 30(d), 34 and 36 of the Excise Act; petitioner sought pre-arrest bail.
Allegation against the petitioner is of recovery of 20 litres of liquor from her house; counsel contended she was not arrested from the spot and the house is joint family property.

View full history

Bench / Coram

Satyavrat Verma

Parties & counsel