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Patna High Court

Kavita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the seizure did not satisfy statutory requirements and the liquor was not in the petitioner’s conscious possession.

Summary

The petitioner, Kavita Devi, was named in an FIR for alleged illegal manufacture and trade of illicit liquor after 16 litres were recovered from her house. She sought anticipatory bail, arguing that the liquor was not in her conscious possession and that the seizure violated Section 103(4) of the Bihar Prohibition and Excise (Amendment) Act, 2022 because no independent witness was present. The Additional Public Prosecutor opposed the bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner’s direct possession, and the procedural requirement of an independent witness was not met. Consequently, the court directed that she be released on bail upon surrender within four weeks, subject to a bond and sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail was granted with conditions, effectively allowing her release pending trial.

Issues considered

  • What is the applicability of anticipatory bail under Section 438 CrPC in the context of alleged illicit liquor possession?
  • Whether the seizure of liquor complied with Section 103(4) of the Bihar Prohibition and Excise (Amendment) Act, 2022 requiring an independent witness.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • seizure procedure
  • Section 103(4)
  • Section 438 CrPC
  • excise law

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.28711 of 2026
                      Arising Out of PS. Case No.-52 Year-2026 Thana- SANDESH District- Bhojpur
                 ======================================================
                 Kavita Devi W/o Late Dharmendra Chaudhary R/o Village - Sandesh, Ward
                 No - 12, P.S - Sandesh, District - Bhojpur

                                                                                   ... ... Petitioner
                                                      Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Mr.Pankaj Kumar Singh, Advocte
                 For the Opposite Party :        Mr.Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   29-06-2026                 Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The accused/petitioner is named in the FIR and

                   apprehending his arrest in connection with Sandesh P.S.

                   Case No.52 of 2026 registered under Section 30(a) of Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                               3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 16 litres of IMFL/country-made liquor.

                               4. It is submitted by learned counsel appearing for

                   the petitioner that the name of this petitioner arrayed solely

                   for the reason that the recovery of alleged liquor was made
Patna High Court CR. MISC. No.28711 of 2026(2) dt.29-06-2026
                                            2/3




          from the house of petitioner. It is also submitted that she is

          the joint owner of house where recovery of illicit liquor was

          made. It is also submitted that recovery of illicit liquor was

          not made from conscious possession of this petitioner. It is

          further argued that the requirement of Section 103(4) of the

          BNSS has not been complied with, inasmuch as no

          independent witness was associated with the search and

          seizure list and the seizure witnesses were police personnel

          themselves. Explaining criminal antecedent, it is submitted

          that the petitioner found involved in one criminal case, where

          she is on bail.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking note of the fact as recovery of illicit liquor prima facie

          not appears to be made from physical possession of this

          petitioner, accordingly, the petitioner, above-named, in the

          event of his arrest or surrender in the court below within a

          period of four weeks from today, is directed to be released

          on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
               Patna High Court CR. MISC. No.28711 of 2026(2) dt.29-06-2026
                                                           3/3




                         Thousand) with two sureties of the like amount each to the

                         satisfaction of learned Exclusive Special Excise judge 2 nd ,

                         Bhojpur, Ara, in connection with Sandesh P.S. Case No.52 of

                         2026, subject to the conditions as laid down under Section

                         438(2) of the CrPC/under Section 482(2) of the BNSS.


                                                             (Chandra Shekhar Jha, J.)

aniket/-

U          T


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