Patna High Court

Kanti Devi @ Shanti DeviversusThe State of Bihar

Decided: 29 April 2026
Disposal: BAIL GRANTED
Bench: ANSHUMAN

Holding

The court held that bail should be granted to the petitioner subject to a bond of ₹30,000 and conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.

Summary

Kanti Devi sought bail after the police registered a case alleging she possessed 15 litres of country-made liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution’s evidence consisted only of the liquor being recovered from the joint family house and the petitioner’s name being supplied by a local dafadar on suspicion, with no direct proof of her possession. The petitioner’s counsel argued that she has a clean criminal record and that the suspicion alone does not justify arrest. The State opposed bail, but the court considered the lack of substantive evidence and the petitioner’s antecedents. Accordingly, the court ordered that she be released on bail upon furnishing a bond of ₹30,000 under Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, subject to conditions under Section 482(2) of the same Act.

Issues considered

Whether bail should be granted to the petitioner in view of the alleged possession of illicit liquor.
Whether the mere suspicion and recovery of liquor from a joint family house suffices to justify denial of bail.
Applicability of Section 2(1)(d) and Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 in granting bail.

Legislation cited

Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)

Subjects

bail
prohibition law
excise
criminal procedure
suspicion
clean antecedent
joint family house

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25402 of 2026
                  Arising Out of PS. Case No.-57 Year-2026 Thana- GOPALPUR District- West Champaran
                 ======================================================
                 Kanti Devi @ Shanti Devi W/o Sri Rajendra Mukhiya @ Rajendra Bin R/o
                 vill - Sargatia, ward no. 9, P.S.- Gopalpur, Dist.- west Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sharad Kumar Verma, Advocate
                 For the Opposite Party/s :      Ms.Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   29-04-2026                  Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner is apprehending arrest in connection

                   with Gopalpur P.S. Case No. 57 of 2026 registered on

                   28.02.2026 for the offences punishable under Section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. As per prosecution, total recovery of 15 liters

                   country made liquor, from the house of the petitioner, is the

                   subject matter of the present case.

                                4. It is submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has committed no

                   offence. The alleged recovery has not been made from the

                   possession of the petitioner rather it has been shown from the

                   house of the petitioner which a joint family house in which
          Patna High Court CR. MISC. No.25402 of 2026(2) dt.29-04-2026
                                                      2/2




                    several members are residing. In fact, the petitioner's name was

                    provided by the local dafadar based solely on suspicion, and

                    there is no evidence against the petitioner other than this

                    suspicion. The petitioner has a clean criminal antecedent.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioner and submits that the antecedent of the

                    petitioner is clean.

                                 6. In the facts and circumstances, let the above named

                    petitioner be released on bail, in the event of arrest or surrender

                    before the Trial Court within a period of four weeks from today,

                    on furnishing bail bond of ₹30000/- (thirty thousand) as

                    mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha

                    Sanhita, 2023 to the satisfaction of the Special Judge Excise-I,

                    West Champaran at Bettiah, in connection with Gopalpur P.S.

                    Case No. 57 of 2026, subject to the conditions as laid down

                    under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,

                    2023.



                                                (Dr. Anshuman, J)
Aman Kumar/-

U     T

Continue reading with your account

Checking your session…