Patna High Court
Prabhawati KuarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Petitioner Prabhawati Kuar sought anticipatory bail fearing arrest in a case (PS No. 320 of 2025) for alleged possession of 5 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution claimed the liquor was recovered from her hut, while the petitioner contended the seizure was made from an open, publicly accessible area without any eyewitness, alleging a violation of Section 103 of the B.N.S.S. She also highlighted her clean antecedents and being a woman. The State opposed the bail. Considering the alleged procedural lapse, the petitioner’s lack of prior record, and her gender, the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in the alleged illicit liquor case
- Whether the seizure of liquor violated procedural requirements under Section 103 of the B.N.S.S
- Whether the petitioner poses a flight risk or threat to the investigation
Legislation cited
- B.N.S.S. — s. 103, 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- seizure
- Section 103
- Section 482
- clean antecedent
- gender considerations
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11502 of 2026
Arising Out of PS. Case No.-320 Year-2025 Thana- JALALPUR District- Saran
======================================================
Prabhawati Kuar W/o Late Jagdish Manjhi R/o Village - Pirari, P.S - Jalalpur,
District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Adv.
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection
with Jalalpur P.S. Case No. 320 of 2025 dated 21.12.2025
registered for the offence punishable under Section/s 30(a) of
the Bihar Prohibition and Excise Act.
3. As per the prosecution case, the police has recovered
total 05 liters of illicit country-made liquor from the hut of the
petitioner.
4. Learned counsel for the petitioner submits that
recovery of illicit liquor has been made from three different
places and the petitioner is connected with the recovery, which
is said to have been made from the hut situated near Pirari canal,
which is an open place and access of general public cannot be
denied. There is no eye-witness to the alleged search and seizure
Patna High Court CR. MISC. No.11502 of 2026(2) dt.17-02-2026
2/2
and, as such, there is violation of Section 103 of the B.N.S.S.
Lastly, it is submitted that the petitioner is a person of clean
antecedent.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Having heard learned counsel for the parties and
considering the fact that the recovery has been made from the
open place, accessible to one and all, the petitioner having no
antecedent as also the petitioner being lady, this Court is
inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of her arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned 2nd Exclusive Special Excise Judge, Saran at Chapra in
connection with Jalalpur P.S. Case No. 320 of 2025, subject to
the condition as laid down under Section 482(2) of the B.N.S.S.
(Ajit Kumar, J)
rishi/-
U T
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