Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as the recovery of liquor was not made from her conscious physical possession.
Summary
Manju Devi was named in an FIR for allegedly possessing 100 litres of illicit liquor and being involved in its illegal trade under the Bihar Prohibition and Excise Act. She claimed the motorcycle used to transport the liquor was owned by her husband and lent to a friend, and that she had no conscious physical possession of the liquor. The State opposed her request for anticipatory bail. The court examined the factual submissions and noted that the recovery of liquor did not appear to be from her conscious possession, and she is a woman of clean antecedent. Consequently, the court ordered that she be granted anticipatory bail, subject to a bond of Rs.10,000 and two sureties, and to surrender within four weeks. The bail was granted under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C. and Section 482 B.N.S.S. in view of the alleged possession of illicit liquor
- Whether the recovery of illicit liquor can be said to be from the petitioner's conscious physical possession
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 47
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- possession
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36638 of 2026
Arising Out of PS. Case No.-218 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
Manju Devi W/o Virendra Rajavanshi, D/o Tetar Rajvanshi Resident of
Village- Sadipur, P.S.- Narhat, District- Nawada
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Maruth Nath Roy, Advocate
For the Opposite Party/s : Mr.Suresh Prasad Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending her arrest in connection with Excise Nawada P.S.
Case No. 218 of 2026 registered for the offences punishable
under Sections 30(a) and 47 of the Bihar Prohibition and
Excise Act.
3. The allegation against the petitioner is to have in
possession of 100 litres of illicit liquor and engaged in illegal
trading/manufacturing of illicit liquor.
4. Learned counsel appearing on behalf of the petitioner
submitted that the motorcycle, which was alleged to be involved
in carrying illicit liquor, was registered in the name of this
petitioner. It is submitted that said motorcycle was given by her
husband to his friend namely, Niranjan Kumar which was
Patna High Court CR. MISC. No.36638 of 2026(2) dt.08-06-2026
2/2
misused in carrying of illicit liquor. It is submitted that recovery
of illicit liquor was not made from conscious physical
possession of this petitioner, who is a lady of clean antecedent.
5. Mr. Suresh Pd. Singh, learned A.P.P. for the State has
opposed the prayer for anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and by
taking note of the 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,
above-named petitioner, in the event of her arrest/surrender
within a period of four weeks from this order, is directed to be
enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten
thousand only) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Excise-II,
Nawada/concerned court in connection with Excise Nawada P.S.
Case No. 218 of 2026, subject to the conditions as laid down
under Section 438(2) of the Cr.P.C/Section 482(2) of the
Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
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