Patna High Court
Tetri DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail, holding that the recovery of illicit liquor was not made from the petitioner's conscious physical possession and that she is entitled to bail under the applicable provisions.
Summary
Tetri Devi, the wife of a deceased man, 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 after 72.6 litres of Nepali liquor were recovered from a hut purportedly belonging to her. The petitioner contended that the liquor was not in her conscious physical possession, that the hut was occupied by other adult family members, and that she has a clean antecedent. The Additional Public Prosecutor opposed her request for anticipatory bail. The court examined whether the recovery satisfied the mandatory provisions of Section 105 of the BNSS and considered the relevance of Section 438(2) of the CrPC and Section 482(2) of the BNSS. Finding that the recovery did not prima facie indicate her possession and noting her clean record, the court directed that she be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the stipulated conditions. The order effectively granted anticipatory bail to the petitioner.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438(2) of the CrPC in view of the alleged recovery of illicit liquor.
- Whether the recovery of liquor was made from the conscious physical possession of the petitioner, thereby attracting liability under Section 30(a) of the Bihar Prohibition and Excise Act and Section 105 of the BNSS.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105, 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- possession
- clean antecedent
- Section 438 CrPC
- Section 105 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36503 of 2026
Arising Out of PS. Case No.-84 Year-2026 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Tetri Devi, Wife of Late Khobari Paswan, Resident of Village-Gurhanwa
Bazar, P.S.- Kundwa Chainpur, District- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-06-2026 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 her arrest in connection with Kundwa
Chainpur P.S. Case No.84 of 2026 registered under Section
30(a) of the Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 72.6 liters of Nepali liquor from the bag.
4. It is submitted by learned counsel appearing for
petitioner that alleged recovery of illicit liquor was made
from a hut, which is alleged to be belonged to this
petitioner. It is pointed out that merely on the basis of
Patna High Court CR. MISC. No.36503 of 2026(2) dt.08-06-2026
2/3
suspicion raised by local choukidar, the petitioner was
implicated with present recovery. It is also pointed out that
the recovery was shown to be made from the house of this
petitioner, where the process of recovery of illicit liquor
prima facie not suggest that the mandatory legal provisions
of Section 105 of the BNSS complied with. The house in
issue also occupied by different adult family members and,
therefore, recovery cannot be said to be made from
conscious physical possession of this petitioner. 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 conscious physical possession
of this petitioner, who is a lady of clean antecedent,
accordingly, the petitioner, above-named, in the event of her
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)
Patna High Court CR. MISC. No.36503 of 2026(2) dt.08-06-2026
3/3
with two sureties of the like amount each to the satisfaction
of the learned Exclusive Special Excise Court No.-3, I/c Civil
Court, East Champaran at Motihari in connection with
Kundwa Chainpur P.S. Case No.84 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.)
Sanjeet/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.