Patna High Court
Ruka DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Narcotic and Substance (BNSS) Act — s. 103(4), 482(2)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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
2/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.