Patna High Court
Veena Devi @ Beena DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Veena Devi, was implicated in a case alleging illegal manufacture, storage and sale of liquor under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered 15 litres of country-made liquor from an open courtyard near her house. The petitioner argued that the liquor was not in her conscious possession, that she had no criminal antecedent, and that the accusation was motivated by village politics. The court noted that the liquor was recovered from a public open space, not from the petitioner’s possession, and considered her gender and clean record. Accordingly, the court exercised its power under Section 438(2) of the Code of Criminal Procedure to grant anticipatory bail. The petitioner was ordered to furnish a bail bond of Rs.10,000 with two sureties if arrested within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC in a case of alleged liquor offences.
- Whether the recovery of liquor from an open courtyard constitutes conscious possession of the petitioner.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Prohibition and Excise Act
- liquor offence
- gender considerations
- no criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29275 of 2026
Arising Out of PS. Case No.-8 Year-2026 Thana- SHIVAJINAGAR District- Samastipur
======================================================
Veena Devi @ Beena Devi Wife of Garib Mukhiya Resident of village-
Ghiwahi, Ward No.-13, Police Station- Shivajinagar, District- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 06-05-2026 1. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application for grant of anticipatory bail arises out of
Shivajinagar Police Station Case No. 08 of 2026, dated
19.01.2026, disclosing offence under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. That the prosecution case, in brief, is that on secret
information regarding illegal manufacturing, storage and
sale of liquor, the police conducted a raid at village
Ghiwahi and during search, on secret information, the
police reach at the house of petitioner, but all the accused
persons were found absconding from the house. Upon
search, total 15 litres of country-made liquor was
recovered from the courtyard surrounded by straw
Patna High Court CR. MISC. No.29275 of 2026(2) dt.06-05-2026
2/3
situated in front of her house.
4. Learned counsel for the petitioner submits that the
petitioner is a lady and she has falsely been implicated in
the present case due to oblique motive and village
politics. The name of the petitioner has transpired on the
basis of secret information. He next submits that illicit
liquor has not been recovered from conscious possession
of the petitioner and/or from the premises belonging to
her. Rather, illicit liquor has been recovered from
courtyard surrounded with straw situated near in front of
her house, which is an open space accessible to all and
sundry. The petitioner has got no criminal antecedent.
5. Regards being had to the submission made by the parties
and taking into consideration the fact that the petitioner is
a lady having no criminal antecedent and illicit liquor has
not been recovered from conscious possession of the
petitioner, rather, the same has been recovered from an
open space accessible to all and sundry, I am inclined to
grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
Patna High Court CR. MISC. No.29275 of 2026(2) dt.06-05-2026
3/3
released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) with two sureties of the like amount each
to the satisfaction of the learned Special Judge Excise I,
Samastipur, in connection with Shivajinagar Police
Station Case No. 08 of 2026, subject to the condition laid
down under Section 438 (2) of the Code of Criminal
Procedure.
(Anil Kumar Sinha, J)
ashwani/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.