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Patna High Court

Manju DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U      T


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