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Patna High Court

Bhagmani DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail is warranted because the liquor was recovered from an open place not under the petitioner’s constructive possession, notwithstanding her prior criminal antecedent.

Summary

The petitioner, Bhagmani Devi, sought anticipatory bail fearing arrest in a case alleging violation of Section 30(a) of the Bihar Excise and Prohibition Act for possession of 7 litres of illicit liquor allegedly recovered from the rear of her house. The prosecution argued that the liquor was seized and the petitioner had a prior criminal antecedent. The petitioner’s counsel contended that the liquor was found in an open, public area not under her constructive possession and that no incriminating article was linked to her. The court noted that the recovery was not from her constructive possession and, despite the antecedent, granted anticipatory bail with conditions under Section 482(2) of the BNSS. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties and comply with several conditions, including appearing before the trial court and not tampering with evidence.

Issues considered

  • Whether anticipatory bail can be granted when the seized illicit liquor is not in the petitioner’s constructive possession.
  • Whether a prior criminal antecedent precludes the grant of anticipatory bail.
  • Whether the provisions of Section 30(a) of the Bihar Excise and Prohibition Act justify arrest in the present facts.

Legislation cited

Subjects

  • anticipatory bail
  • constructive possession
  • illicit liquor
  • Bihar Excise and Prohibition Act
  • criminal antecedent
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27460 of 2026
                       Arising Out of PS. Case No.-136 Year-2026 Thana- MASHRAK District- Saran
                 ======================================================
                 Bhagmani Devi, Wife of Late Harakh Chaudhary R/o Vill- Sikti Bhikham,
                 P.S. - Mashrakh, Saran, Bihar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Samir Kumar, Adv.
                 For the Opposite Party/s :       Mr.Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   13-05-2026                        Heard Mr. Samir Kumar, learned counsel for the

                   petitioner and learned APP for the State.

                                2. The petitioner is apprehending her arrest in

                   connection with Mashrakh P.S. Case No. 136 of 2026 for the

                   offence punishable under sections 30 (a) of the Bihar Excise

                   and Prohibition Act, lodged on 27.02.2026 by the informant.

                                3. As per the prosecution case, there has been

                   recovery of 07 litres of illicit country-made liquor allegedly

                   from backside of the house of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   seized article/illicit liquor was recovered from an open place,

                   which is accessible to all, and the said place is in no way

                   connected to this petitioner. Learned counsel for the petitioner

                   fairly submits that the petitioner has got one criminal antecedent
Patna High Court CR. MISC. No.27460 of 2026(3) dt.13-05-2026
                                            2/3




          akin to the present case on which she is on bail. Nothing

          incriminating article has been recovered from the constructive

          possession of the petitioner.

                       5. Learned APP opposes the prayer submitting that

          the petitioner has got one criminal antecedent.

                       6. Considering the fact that the recovery has not been

          made from the constructive possession of this petitioner and the

          place from where the recovery of illicit country-made liquor has

          been made is an open place accessible to all, this Court is

          inclined to extend her the privilege of anticipatory bail.

                       7. Let the petitioner, above named, be released on

          bail in the event of arrest or surrender within a period of six

          weeks from the receipt of this order, on furnishing bail bond of

          Rs. 10,000/- (Ten thousand) with two sureties of like amount

          each to the satisfaction of learned Special Excise Judge-II, Saran

          at Chapra in connection with aforesaid PS Case, subject to the

          conditions as laid down under Section 482(2) of the BNSS as

          well as the following conditions:-

                                            (i) one of the bailors should be the
                                  family member/relative of the petitioner(s)
                                  who shall provide official document to show
                                  his/her bona fide;
                                            (ii) the petitioner(s) shall appear
                                  on each and every date before the Trial
                                  Court and failure to do so for two
                                  consecutive dates without plausible reason
           Patna High Court CR. MISC. No.27460 of 2026(3) dt.13-05-2026
                                                       3/3




                                            will entail cancellation of his bail bond by
                                            the Trial Court itself;
                                                       (iii) the petitioner(s) shall in no
                                            way try to induce or promise or threat the
                                            witnesses or tamper with the evidences,
                                            failing which the State shall be at liberty to
                                            take steps for cancellation of the bail bonds;
                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of his bail bonds.



                                                   (Ajit Kumar, J)
perwez/-

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