Patna High Court
Matani Kunwar @ Mina DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted because the recovery of illicit liquor did not prima facie demonstrate the petitioner’s conscious possession.
Summary
The petitioner, Matani Kunwar, a housewife, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 28.6 litres of liquor recovered from her residence. She contended that the liquor was found in a house occupied by other adult family members and that no male members were present, arguing that she had no conscious possession of the contraband. The defense also raised that the search was not conducted in accordance with Section 103(4) of the Bihar Narcotic Substances (BNSS) Act. The Assistant Public Prosecutor opposed bail, but the court observed that the recovery did not prima facie establish the petitioner’s possession. Consequently, the court ordered her release on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS Act.
Issues considered
- Whether the recovery of illicit liquor establishes prima facie possession by the petitioner.
- Whether the search of the petitioner’s house complied with Section 103(4) of the BNSS Act.
- Whether the petitioner is entitled to bail under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS Act.
Legislation cited
- Bihar Narcotic Substances (BNSS) Act — s. 103(4), 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illicit liquor
- possession
- search and seizure
- clean antecedent
- Cr.P.C. 438
- BNSS Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39064 of 2026
Arising Out of PS. Case No.-49 Year-2026 Thana- INDRAPURI District- Rohtas
======================================================
Matani Kunwar @ Mina Devi Wife of Late Guddu Bhuiya Resident of
Village- Basdiha Patanwa Bhuiya Toli, P.S.- Indrapuri, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashi Kant
For the Opposite Party/s : Mr.Sharda Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 18-06-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Indrapuri P.S. Case
No. 49 of 2026 registered for the offences punishable under
Section 30 (a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engage in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 28.6 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of alleged illicit liquor was
made from the house of the petitioner, which is also occupied by
other adult family members. It is submitted that as no male
members were available in the house and petitioner being
housewife was only available, she was implicated with the present
Patna High Court CR. MISC. No.39064 of 2026(2) dt.18-06-2026
2/2
case. It is further submitted that search of the house was not
made in view of provisions as available under Section 103(4) of
the BNSS. While concluding the argument it is submitted that
petitioner is a lady of clean antecedent.
5. Learned APP, opposes the prayer for bail.
6. In view of the facts and circumstances as
mentioned above as recovery of illicit liquor prima-facie not
appears to be made from the conscious physical possession of
this petitioner, accordingly the petitioner above named, who is a
lady of clean antecedent in the event of her arrest or surrender
before the learned trial court within a period of four weeks, is
directed to be released on bail, furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) each with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Spl. Judge, Court No. 1, Rohtas at Sasaram/concerned trial court
where the case is pending in connection with Indrapuri P.S. Case
No. 49 of 2026 subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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