Patna High Court
Chaiyan DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Chaiyan Devi, sought relief fearing arrest in a case alleging her involvement in the possession of illicit country-made liquor recovered from two huts, amounting to 61 litres, of which 34 litres were said to be stored in a tank at one hut. The prosecution alleged a violation of Section 30(a) of the Bihar Excise and Prohibition Act, while the petitioner contended that the liquor was not in her constructive possession, she does not reside in the village where the recovery occurred, and she has no criminal antecedent. The State opposed the bail, asserting that the liquor was recovered from the petitioner’s hut. The Court examined the lack of direct possession, the petitioner’s residence in Uttar Pradesh, and her clean record, and consequently decided to extend anticipatory bail under Section 482(2) of the BNSS with specific conditions. The bail order required a bond of Rs.10,000 with two sureties, a family member as a surety, regular appearance before the trial court, and prohibitions against tampering with evidence or committing further offences.
Issues considered
- Whether anticipatory bail can be granted when the alleged contraband was not recovered from the petitioner’s constructive possession.
- Whether the petitioner’s non‑residence in the village of recovery and lack of criminal antecedent justify granting bail under Section 482(2) of the BNSS.
- Whether the alleged offence under Section 30(a) of the Bihar Excise and Prohibition Act warrants denial of anticipatory bail.
Legislation cited
- Bihar Excise and Prohibition Act — s. 30(a)
- Bihar Non‑Commercial Special (BNSS) — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Excise and Prohibition Act
- constructive possession
- Section 482(2) BNSS
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27461 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- ITARHI District- Buxar
======================================================
Chaiyan Devi, Wife of Subhash Mushar @ Subash Chand, R/o Vill- Itarhi
Mushar Toli, P.S.- Itarhi, Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar Pandey, Adv.
For the Opposite Party/s : Mr.Yogendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
3 13-05-2026 Heard Mr. Amit Kumar Pandey, learned counsel for
the petitioner and learned APP for the State.
2. The petitioner is apprehending her arrest in
connection with Itarhi P.S. Case No. 181 of 2025 for the offence
punishable under sections 30 (a) of the Bihar Excise and
Prohibition Act, lodged on 09.10.2025 by the informant.
3. As per the prosecution case, there has been
recovery of 61 litres of illicit country-made liquor from two
huts.
4. Learned counsel for the petitioner submits that
seized article/illicit liquor was recovered from two huts in two
different lots i.e. 34 litres and 27 litres. The petitioner is said to
have been connected with the recovery, which is to the tune of
34 liters, which was kept inside a tank in the said hut. It has
Patna High Court CR. MISC. No.27461 of 2026(3) dt.13-05-2026
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further been submitted that neither the petitioner was arrested on
the spot nor anything has been recovered from her constructive
possession and even the petitioner doesn’t belong to the village
from where the recovery has been made rather she is a resident
of Uttar Pradesh. Learned counsel for the petitioner submits that
the petitioner has got no criminal antecedent.
5. Learned APP opposes the prayer submitting that
the recovery of the illicit country-made liquor has been
recovered from the House (hut) of petitioner.
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 doesn’t belong to this petitioner and the petitioner is
a resident of Uttar Pradesh, and the petitioner has got clean
antecedent, 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 Exclusive Special Judge
Excise Court No. I, Buxar, in connection with aforesaid PS
Patna High Court CR. MISC. No.27461 of 2026(3) dt.13-05-2026
3/3
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
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/suryadev-
U T
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