Patna High Court
Malti Kunwar @ Malti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court held that bail should be granted conditionally, subject to a bond, sureties, and compliance with Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.
Summary
The petitioners, two women from Rohtas district, feared arrest for alleged violations of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018 after liquor was recovered from polythene bags they had discarded. They argued that the liquor was not in their possession, no independent witness testified to the seizure, and they have no criminal record. The court examined the FIR, seizure list, and the petitioners' claims, noting the lack of direct possession and the procedural lapses in the seizure. Considering their clean antecedent and the circumstances, the court ordered that they be released on bail if arrested or they surrender within four weeks, subject to a bond of Rs.10,000 with two sureties and compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S. The order also required their cooperation with the investigation.
Issues considered
- Whether bail should be granted under Section 438 Cr.P.C. to petitioners accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.
- Whether the seizure of liquor from discarded polythene bags, without possession or independent witness, justifies granting bail.
- Whether the petitioners' lack of criminal antecedent warrants bail despite the alleged offence.
Legislation cited
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- bail
- prohibition act
- liquor seizure
- Section 30(a)
- Section 438 Cr.P.C.
- Section 482 B.N.S.S.
- criminal antecedent
- search and seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25893 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- DARIGAON District- Rohtas
======================================================
1. Malti Kunwar @ Malti Devi Wife of Late Kedar Ram Resident of Village-
Belhar, P.S.- Darigaon, District- Rohtas
2. Lilawati Kunwar @ Lilawati Devi Wife of Late Mohan Ram Resident of
Village- Belhar, P.S.- Darigaon, District- Rohtas
... ... Petitioners.
Versus
The State of Bihar. ... ... Opposite Party.
======================================================
Appearance :
For the Petitioner/s : Mr. Chhote Lal Mishra, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise (Amendment) Act, 2018.
3. A perusal of the first information report and the
seizure list would go to show that total 5.2 liters of country
made liquor has been recovered from the polythene thrown
away by petitioner no.1, while 15 liters of country made liquor
has been recovered from the polythene thrown away by
petitioner no.2.
4. Learned counsel for the petitioners submits that
both the petitioners are innocent ladies. It is further submitted
that the aforesaid recovery has been made from an open place
Patna High Court CR. MISC. No.25893 of 2026(2) dt.24-04-2026
2/2
for which no responsibility can be fastened on these petitioners.
It is also a fact that the petitioners were not caught on the spot
and nothing has been recovered from the physical or conscious
possession of the petitioners. There is no independent witness to
the seizure list violating the mandatory provisions of search and
seizure. Petitioners are ladies and have no criminal antecedent.
5. Taking into consideration the facts and
circumstances of the case and further that the petitioners have
no criminal antecedent, let the above named petitioners, be
released on bail, in the event of their arrest or surrender before
the learned 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 the learned Court below where the case is
pending/ successor Court in connection with Darigaon P.S. Case
No.37 of 2026, subject to the condition as laid down under
Section 438 (2) of the Cr.P.C./Section 482 (2) of the B.N.S.S.
and subject to the further condition that the petitioner shall
cooperate in the investigation/trial.
(Soni Shrivastava, J)
Trivedi/-
U T
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