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Patna High Court

Ramkali DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted as the seizure was not linked to the petitioner’s possession and procedural lapses were noted.

Summary

Ramkali Devi was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016, after 30 litres of liquor were recovered from a hut. The petitioner argued that the seizure was not made from her conscious possession and that the search violated Section 103(4) of the BNSS because no independent witness was present. The Additional Public Prosecutor opposed anticipatory bail. The court observed that the recovery appeared prima facie not to be from the petitioner’s possession, noted her clean antecedent, and found procedural lapses in the search. Consequently, the court granted anticipatory bail, directing her to surrender within four weeks and furnish 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.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner when the seized liquor is not shown to be in her physical possession.
  • Whether the search and seizure complied with the procedural requirements of Section 103(4) of the BNSS.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • search and seizure
  • procedural lapse
  • clean antecedent
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34431 of 2026
                     Arising Out of PS. Case No.-130 Year-2026 Thana- AKBARPUR District- Nawada
                 ======================================================
                 Ramkali Devi, W/o Late Titu @ Tito Manjhi ,Resident of Village- Baksanda,
                 P.S.- Akbarpur, District- Nawada

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Pramod Kumar Verma, Advocate
                 For the Opposite Party/s :      Mr. Arun Kumar Pandey, 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 Akbarpur P.S.

                   Case No.130 of 2026 registered under Section 30(a) of the

                   Bihar Prohibition and Excise Act, 2016.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 30 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   petitioner that the seized liquor was recovered from the hut.

                   It is further argued that Section 103(4) of BNSS has not
Patna High Court CR. MISC. No.34431 of 2026(3) dt.29-06-2026
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          been complied with qua search of premises, inasmuch as no

          independent witness was associated with the search and

          seizure list and the seizure witnesses were police personnel

          themselves. It is submitted that nothing has been recovered

          from the conscious possession of the petitioner. The name of

          the petitioner surfaced solely on the basis of the disclosure

          made by the local Chaukidar. The petitioner claimed clean

          antecedent.

                       5. Learned APP opposed the prayer of anticipatory

          bail to the petitioner.

                       6. In view of aforesaid factual submissions and by

          taking of note of fact as recovery of illicit liquor prima facie

          not appears to be made from physical possession of this

          petitioner, accordingly, the petitioner, above-named, who is

          a lady of clean antecedent, 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 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 the

          learned Exclusive Special Court, Excise-I, Nawada in
            Patna High Court CR. MISC. No.34431 of 2026(3) dt.29-06-2026
                                                        3/3




                      connection with Akbarpur P.S. Case No.130 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.)
    Raushan/-

U       T


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