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Patna High Court

Kaushalya Devi @ Kaushila DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the recovery of illicit liquor was not made from the petitioner's conscious possession.

Summary

The petitioner, Kaushalya Devi, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of illicit liquor, with 67 litres recovered from her joint family house. She contended that her name was listed solely on suspicion, that she was not present at the site of recovery, and that the liquor was not in her conscious possession, emphasizing her clean antecedent. The Additional Public Prosecutor opposed her prayer for anticipatory bail. The Court examined the factual matrix and noted the lack of direct physical possession by the petitioner, finding insufficient grounds to deny bail. Consequently, the Court directed that she be released on anticipatory bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail under Section 438 of the CrPC is warranted when the alleged contraband is not in the petitioner's conscious possession.
  • Whether the mere inclusion of a name in an FIR based on suspicion suffices to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • clean antecedent
  • physical possession

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.18286 of 2026
                     Arising Out of PS. Case No.-375 Year-2025 Thana- BHARGAMA District- Araria
                 ======================================================
                 Kaushalya Devi @ Kaushila Devi W/O Bechan Uraon R/O Village-
                 Gamhariya, Ward No. 15, P.S- Bhargama, Distt.- Araria.

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr.Gopal Kumar Jha, Advocate
                 For the Opposite Party :        Mr.Dr. Kumar Uday Pratap, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   29-06-2026                 Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Bhargama P.S.

                   Case No.375 of 2025 registered under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                               3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 67 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that the name of this petitioner arrayed solely

                   on the basis of suspicion as the name of this petitioner has
Patna High Court CR. MISC. No.18286 of 2026(3) dt.29-06-2026
                                            2/3




          been disclosed by the local people. It is also submitted that

          the recovery of illicit liquor was made from the joint family

          house of the petitioner. The petitioner was not present at the

          place of occurrence where the alleged recovery was made. It

          is also submitted that recovery of illicit liquor was not made

          from conscious possession of this petitioner. Petitioner

          claimed clean antecedent.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking note of the fact as recovery of illicit liquor prima facie

          not appears to be made from physical possession of this

          petitioner, who is a man of clean antecedent, accordingly,

          the petitioner, above-named, in the event of his arrest or

          surrender in the court below within a period of four weeks

          from today, is directed to be released on bail on furnishing

          bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the

          learned District and Additional Sessions Judge-cum-Exclusive

          Special Judge Excise-II, Araria, in connection with Bhargama
               Patna High Court CR. MISC. No.18286 of 2026(3) dt.29-06-2026
                                                           3/3




                         P.S. Case No.375 of 2025, subject to the conditions as laid

                         down under Section 438(2) of the CrPC/under Section

                         482(2) of the BNSS.


                                                                 (Chandra Shekhar Jha, J.)

aniket/-

U          T


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