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Patna High Court

Kavita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the recovery did not prima facie show conscious physical possession by the petitioner.

Summary

Petitioner Kavita Devi was implicated in a case of illicit liquor possession under Sections 272, 273 IPC and Section 30(a) of the Bihar Prohibition and Excise Act after liquor was recovered from the front of her house. She argued that the liquor was not in her conscious physical possession and that her name was added later based on a secret tip, especially since she was already on bail in a similar case. The State opposed her request for anticipatory bail. The Court examined the factual submissions and noted that the recovery did not demonstrate conscious possession by the petitioner. Consequently, the Court ordered that she be granted anticipatory bail, subject to a bond of Rs.10,000 and two sureties, and to comply with conditions under Section 438(2) Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail can be granted when the alleged offence involves alleged possession of illicit liquor
  • Whether the recovery of liquor from the front of the house establishes conscious physical possession by the petitioner

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • possession
  • Sections 272 IPC
  • Sections 273 IPC
  • Bihar Prohibition and Excise Act
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.31484 of 2026
                  Arising Out of PS. Case No.-6 Year-2023 Thana- ANDHRATHARHI District- Madhubani
                 ======================================================
                 Kavita Devi W/o Sanjeet Paswan R/o Village - Rajanpura, P.S. - Andhrathari,
                 Distt .- Madhubani.
                                                                             ... ... Petitioner
                                                 Versus
                 The State of Bihar
                                                                       .. ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Ratnakar Jha, Advocate
                 For the Opposite Party/s :      Mr.Rana Randhir Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   14-05-2026               Heard learned counsel for the petitioner and learned

                   APP for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending her arrest in connection with Andhrathari P.S.

                   Case No. 06 of 2023 registered for the offences punishable

                   under Sections 272, 273 of I.P.C. and Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                             3. The allegation against the petitioner is to have in

                   possession of 10 litres of illicit liquor                and engaged in

                   illegal trading/manufacturing of illicit liquor.

                             4. Learned counsel appearing on behalf of the

                   petitioner submitted that initially, petitioner was not named

                   with the present recovery of country-made liquor, but

                   subsequently, during the course of investigation, after about
Patna High Court CR. MISC. No.31484 of 2026(2) dt.14-05-2026
                                            2/3




          one month, her name was implicated with present recovery

          on the basis of secret input. It is submitted that the said

          suspicion was made only for the reason that the petitioner

          was also involved in one more case of similar nature, where

          she is on bail. It is pointed out that illicit liquor was

          recovered from the front of the house, which is an open

          place easily accessible by general public, therefore, it can

          be safely said that recovery of illicit liquor was not made

          from conscious physical possession of this petitioner.

                   5. Learned A.P.P. for the State has opposed the

          prayer for anticipatory bail of the petitioner.

                   6. In view of the aforesaid factual submissions and

          by taking note of the fact as recovery of illicit liquor prima-

          facie not appears to be made from conscious physical

          possession of this petitioner, accordingly, above-named

          petitioner, in the event of her arrest/surrender within a

          period of four weeks from this order, is directed to be

          enlarged on bail on furnishing of bail bond of Rs.10,000/-

          (ten thousand only) with two sureties of the like amount

          each to the satisfaction of learned Exclusive Special Judge

          Excise Act, Jhanjharpur, Madhubani/concerned court in
           Patna High Court CR. MISC. No.31484 of 2026(2) dt.14-05-2026
                                                       3/3




                     connection with Andhrathari P.S. Case No. 06 of 2023,

                     subject to the conditions as laid down under Section 438(2)

                     of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik

                     Suraksha Sanhita (in short “B.N.S.S.”).



                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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