Kavita Devi v. The State of Bihar
Case brief
What is this about?
Anticipatory bail allowed by Patna High Court (Justice Satyavrat Verma, 02-04-2025) in CRIMINAL MISCELLANEOUS No.14600 of 2025 arising from Jehanabad (Sikariya) P.S. Case No.915 of 2024, offence under Section 30(a) of the Excise Act, alleged recovery of 30 litres of liquor from petitioner Kavita Devi's house. Provisional anticipatory bail on arrest/surrender within six weeks; Rs. 500 bail-bond with two like sureties; Special Excise-II, Jehanabad; subject to Section 438(2) Cr.P.C. conditions. Trial court to verify antecedents: any single prior case bars confirmation, clean record confirms forthwith. Counsel invoked post-amendment Excise Act, 2018 removal of deemed possession/presumed offender concepts, joint-family house, and unnamed FIR informant; APP opposed.
What did the court decide?
Provisional anticipatory bail granted: on arrest or surrender within six weeks, release on bail-bonds of Rs. 500/- with two sureties of the like amount each, to the satisfaction of the learned Special Excise-II, Jehanabad, subject to conditions under Section 438(2) Cr.P.C.; confirmation contingent on trial-court verification of clean criminal antecedents.