Patna High Court
Prabha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under Section 482(2) of the B.N.S.S., 2023.
Summary
Petitioner Prabha Devi sought anticipatory bail fearing arrest in a case where 55 litres of illicit country-made liquor were recovered from her jointly owned house. The prosecution alleged violation of Section 30(a) of the Bihar Prohibition & Excise Act, 2022, based on a confessional statement of an unrelated person, Shrawan Kumar. The petitioner contended she was falsely implicated, had no connection to the liquor, and possessed a clean antecedent. The State opposed the bail. Considering the joint ownership of the premises, the petitioner’s clean record, and the lack of direct evidence, the Court inclined to grant anticipatory bail, imposing a bail bond of Rs.10,000 with two sureties and subjecting the order to Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S., 2023 in view of the recovery of illicit liquor from her jointly owned house.
- Whether the confessional statement of an unrelated person suffices to implicate the petitioner under the Bihar Prohibition & Excise Act, 2022.
- Whether the petitioner’s clean antecedent and joint ownership of the property justify the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition & Excise Act, 2022 — s. 30(a)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition & Excise Act
- joint property
- clean antecedent
- Section 482(2) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33813 of 2026
Arising Out of PS. Case No.-49 Year-2026 Thana- TANDWA District- Aurangabad
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Prabha Devi wife of Arun Ram Resident of village- Harihar Urdana Tola
Sangwa, Ps- Tandwa, Dist- Aurangabad
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. The State of Bihar PATNA
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukul Kumari
For the Opposite Party/s : Mr.Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and
learned APP for the State through virtual mode.
2. The petitioner is apprehending his arrest in
connection with Tandwa P.S. Case No. 49 of 2026, F.I.R dated
19.04.2026, registered for the offences punishable under
Sections 30(a) of Bihar Prohibition & Excise Act, 2022.
3. As per the prosecution case, the police had
recovered total 55 litres of illicit country made liquor from the
house of the petitioner.
4. Learned counsel for the petitioner submits that
the petitioner has been falsely implicated in this case. He further
submits that in absence of this petitioner, the recovery is said to
have been made from her house, which is in joint possession of
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other family members. The name of the petitioner transpired
only on the basis of confessional statement of one Shrawan
Kumar, who is in no way related to this petitioner. The
petitioner has no connection with the seized liquor in question.
It has lastly been submitted that the petitioner has a clean
antecedent and is ready to abide by the terms and conditions in
case the privilege of anticipatory bail is extended in his favour.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submissions made by
the parties, and taking into consideration the fact that the illicit
liquor has been recovered from the house of the petitioner,
which is a joint property and further that the petitioner has a
clean antecedent, this Court is inclined to grant anticipatory bail
to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned court of Special Judge, Excise-II, Aurangabad in
connection with Tandwa P.S. Case No. 49 of 2026 subject to the
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condition as laid down under Section 482(2) of the B.N.S.S.,
2023.
(Ajit Kumar, J)
Shikha/-
Rakesh/-
U T
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