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Patna High Court

Ruka DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Since the seized liquor was not shown to be in the accused’s conscious possession and the seizure lacked an independent witness as required by Section 103(4) of the BNSS, the court granted anticipatory bail.

Summary

Ruka Devi was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for alleged illegal manufacture and trade of illicit liquor, with 36 litres recovered from her joint family house. The petitioner contended that the liquor was not in her conscious possession and that the seizure lacked an independent witness as required by Section 103(4) of the BNSS. The Additional Public Prosecutor opposed anticipatory bail. The court observed that the recovery did not prima facie establish possession by the petitioner and noted the procedural defect in the seizure. Consequently, the court directed that she be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, and to surrender within four weeks.

Issues considered

  • Whether anticipatory bail under Section 438 CrPC is warranted when the seized illicit liquor is not shown to be in the accused's conscious possession
  • Whether the absence of an independent witness during seizure violates Section 103(4) of the BNSS and affects bail considerations

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • search and seizure
  • Bihar Prohibition and Excise Act
  • CrPC
  • BNSS

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.34261 of 2026
                       Arising Out of PS. Case No.-16 Year-2026 Thana- Mahuli District- Sheikhpura
                 ======================================================
                 Ruka Devi W/o Late Videshi Chaudhary Resident of vill- Chordargah PS -
                 Mahuli, Dist- Sheikhpura

                                                                                       ... ... Petitioner
                                                         Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     :          Mr.Kumari Anupam, Advocate
                 For the Opposite Party :          Mr.Humayou Ahmad Khan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

3   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 Mahuli P.S. Case

                   No.16 of 2026 registered under Section 30(a) of Bihar

                   Prohibition and Excise Act, 2018.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 36 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the name of petitioner arrayed solely on

                   the disclosure made by the local chowkidar and villagers. It
Patna High Court CR. MISC. No.34261 of 2026(3) dt.29-06-2026
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          is also submitted that the recovery of illicit liquor was made

          from the house of petitioner. It is also submitted that the

          house is a joint house of family members of petitioner. 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 4 criminal cases, where he 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
               Patna High Court CR. MISC. No.34261 of 2026(3) dt.29-06-2026
                                                           3/3




                         on bail 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 Exclusive Special Excise

                         Judge, Sheikhpura, in connection with Mahuli P.S. Case

                         No.16 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/-

U          T


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