Patna High Court
Chhathi KunwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the seizure did not prima facie demonstrate the petitioner's conscious possession of the illicit liquor.
Summary
Chhathi Kunwar 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, with six litres of liquor seized. The petitioner sought anticipatory bail, arguing that the liquor was recovered from an open public place and not from his conscious possession, and that the seizure list lacked independent witnesses, relying only on villagers' statements. The Additional Public Prosecutor opposed the bail. The High Court observed that the recovery did not prima facie indicate possession by the petitioner and noted the evidentiary deficiencies. Consequently, the Court directed that the petitioner 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. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the seizure.
- Whether the seizure of illicit liquor establishes conscious possession by the petitioner.
- Whether the evidence presented (lack of independent witnesses) is sufficient to deny bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- seizure
- prohibition act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34652 of 2026
Arising Out of PS. Case No.-93 Year-2026 Thana- SAHAJITPUR District- Saran
======================================================
Chhathi Kunwar, W/o Dhela Chaudhary @ Dwarika Chaudhary, Resident of
Village- Sahajitpur, P.O.- Sahajitpur, P.S.- Sahajitpur, District- Saran, Bihar-
841422
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Bablu Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, 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 Sahajitpur P.S.
Case No.93 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 06 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
an open place, accessible to the general public and,
Patna High Court CR. MISC. No.34652 of 2026(3) dt.29-06-2026
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therefore, it cannot be said that the alleged recovery was
made from the conscious possession of the petitioner. It is
further submitted that seizure list also appears doubtful
being not supported by independent witnesses rather than by
police personnel. It is also pointed out that the name of the
petitioner surfaced solely on the disclosure made by the local
villagers. The petitioner has one criminal antecedent in
which, she 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 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, 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 Judge, Excise-II,
Saran at Chhapra in connection with Sahajitpur P.S. Case
Patna High Court CR. MISC. No.34652 of 2026(3) dt.29-06-2026
3/3
No.93 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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