Patna High Court
Geeta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioner, finding no prima facie evidence of her conscious possession of the illicit liquor.
Summary
The petitioner, Geeta Devi, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Excise Act, with 25 litres of liquor recovered. The prosecution alleged her involvement, but her counsel argued that the liquor was found in an abandoned suitcase and there was no direct physical possession by her, emphasizing her clean antecedent. The learned Additional Public Prosecutor opposed bail, while the court noted the lack of prima facie evidence of her conscious possession. Considering these facts, the court directed that she be released on bail upon surrender within four weeks, subject to a bail bond of Rs. 10,000 with two sureties, and compliance with conditions under Section 482(2) of the BNSS. The bail order was issued by Justice Chandra Shekhar Jha.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 30(a) of the Excise Act given the circumstances of alleged involvement.
- Whether the recovery of illicit liquor constitutes prima facie evidence of the petitioner's conscious possession.
Legislation cited
- Bihar Non-Commercial Sale of Spirits (BNSS) — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- bail
- excise law
- illicit liquor
- Section 30(a)
- Section 482(2)
- criminal procedure
- clean antecedent
- women
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34471 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- ARERAJ District- East Champaran
======================================================
Geeta Devi W/o Mahendra Malik R/o Village - Areraj, Ward No. 10, P.S -
Areraj, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anang Mohan Sinha
For the Opposite Party/s : Mr.Asha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
3 08-06-2026 Heard the parties
2.The petitioner is named in the F.I.R. and
apprehending her arrest in connection with Areraj P.S. Case
No. 279 of 2025 registered for the offences punishable under
Section 30(a) of Excise Act.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 25 litres of IMFL/country made liquor.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that factual aspect of this case
suggests that the recovery of illicit liquor was made from the
suitcase which was found in abandoned condition on the road
and as the apprehended two person made the disclosure qua
involvement of this petitioner under inimical terms, she was
implicated with present case. Petitioner is a lady of clean
Patna High Court CR. MISC. No.34471 of 2026(3) dt.08-06-2026
2/2
antecedent
5 Learned APP, opposed the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as recovery of illicit liquor prima-facie not
appears made from the conscious physical possession of the
petitioner, who is a lady of clean antecedent, accordingly
petitioner above-named, in the event of her arrest or surrender
before the court below within a period of four weeks, is
directed to be released on bail, 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 Spl.
Excise Judge I, Motihari, East Champaran /concerned Court,
where the case is pending in connection with Areraj P.S. Case
No. 279 of 2025, subject to the conditions as laid down under
Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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