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Patna High Court

Prabhawati KuarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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