Patna High Court
Kavita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 272, 273
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
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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
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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/-
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