Patna High Court
Bhagmani DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bihar Excise and Prohibition Act — s. 30(a)
- Bihar Non-Compromise Settlement (BNSS) — s. 482(2)
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
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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
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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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