Patna High Court
Kavita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 103(4), 30(a)
- Criminal Procedure Code — s. 438(2)
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
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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
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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/-
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