Patna High Court
Mania DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, on a prima facie basis, the illicit liquor was not in the conscious possession of the petitioners, warranting the grant of bail.
Summary
Mania Devi and Rinku Devi were arrested in connection with a case alleging illegal manufacturing and trading of illicit liquor, with 24 litres of country-made liquor recovered. The petitioners contended that the liquor was seized from an open agricultural field and not in their conscious possession, and that the seizure list lacked independent witnesses. The State opposed bail. The court observed that, prima facie, the liquor was not in the petitioners' possession and noted their clean antecedents. Consequently, the court directed that the petitioners be released on bail upon furnishing a bond of Rs.10,000 each with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act. The bail order was directed to be implemented by the Special Judge, Excise Act, Jhanjharpur.
Issues considered
- Whether the petitioners are entitled to bail under Section 438(2) Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act given the alleged recovery of illicit liquor.
- Whether the seizure of liquor, lacking evidence of conscious possession and independent witnesses, justifies denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- illicit liquor
- illegal manufacturing
- possession
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- Section 438
- Section 274
- Section 275
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19109 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- MADHEPUR District- Madhubani
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1. Mania Devi wife of Lalit Saday Resident of village- Khairi PS-Madhepur
District- Madhubani
2. Rinku Devi Wife of Mohan Saday Resident of village- Khairi PS-Madhepur
District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti
For the Opposite Party/s : Mr.Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 31-03-2026 Heard the parties.
2. The accused/petitioners are named in the F.I.R.
and apprehending their arrest in connection with Madhepur P.S.
Case No. 184 of 2025 of registered for the offences punishable
under Sections 274 and 275 of the BNS and Section 30 (a) of
the Bihar Prohibition and Excise Act.
3. The allegation against the petitioners is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 24 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioners submitted that recovery of illicit liquor was made from
an open agricultural field and not from the physical possession of
these petitioners. It is pointed out that mere on the basis of
Patna High Court CR. MISC. No.19109 of 2026(2) dt.31-03-2026
2/2
suspicion petitioners implicated with the present case. It is also
submitted that seizure list appears doubtful being not supported
by independent witnesses. While concluding the argument it is
submitted that petitioners are ladies of clean antecedent.
5. Learned APP, opposes the prayer for bail.
6. In view of aforesaid facts and circumstances as
mentioned above and by taking note of fact as recovery of illicit
liquor prima-facie not appears to be made from the conscious
physical possession of these petitioners, accordingly both-above
named petitioners, in the event of their arrest or surrender before
the learned trial court within a period of four weeks, are directed
to be released on bail, furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like amount
each to the satisfaction of the learned Special Judge, Excise Act,
Jhanjharpur, Madhubani/concerned trial court where the case is
pending in connection with Madhepur P.S. Case No. 184 of 2025
of subject to the conditions as laid down under Section 438(2) of
the Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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