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Patna High Court

Nitu DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to conditions, as the recovery did not prima facie establish her conscious possession and the search was not conducted per statutory requirements.

Summary

Nitu Devi was named in an FIR for allegedly possessing 10 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. She contended that the liquor was recovered from her house without a valid search under Section 103(4) of the Bhartiya Nagarik Suraksha Sanhita and that she had no conscious possession of the contraband. The State opposed her application for anticipatory bail. The Court examined the procedural lapse in the search and the lack of evidence of her personal possession. Finding that the recovery did not prima facie establish her conscious possession and noting the procedural defect, the Court ordered that she be granted anticipatory bail upon surrendering within four weeks, subject to a bail bond and sureties, and compliance with conditions under Section 438(2) of the Cr.P.C and Section 482(2) of the B.N.S. The order was directed to the Exclusive Special Excise Judge‑II, Begusarai.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the alleged procedural irregularities in the search and lack of conscious possession of illicit liquor.
  • Whether the recovery of illicit liquor without compliance with Section 103(4) of the B.N.S. invalidates the charge against the petitioner.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • search violation
  • prohibition act
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39232 of 2026
                      Arising Out of PS. Case No.-99 Year-2026 Thana- BAKHARI District- Begusarai
                 ======================================================
                 Nitu Devi Wife of Late Arjun Mahto Resident of Village- Mohanpur, Ward
                 No. 01, P.S.- Bakhri, District- Begusarai (Bihar).
                                                                            ... ... Petitioner
                                                     Versus
                 The State of Bihar
                                                                     ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shivam Prerna, Advocate
                 For the Opposite Party/s :       Mr.Shyam Bihari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   18-06-2026               Heard learned counsel for the petitioner and learned APP

                   for the State.

                             2. The accused-petitioner, named in the F.I.R., is

                   apprehending his arrest in connection with Bakhri P.S. Case No.

                   99 of 2026 registered for the offences punishable under Sections

                   30(a) of the Bihar Prohibition and Excise Act.

                             3. The allegation against the petitioner is to have in

                   possession of 10 litres of country made illicit liquor and

                   engaged in illegal trading/manufacturing of illicit liquor.

                             4. Learned counsel appearing on behalf of the petitioner

                   submitted that alleged recovery of 10 liters of country made

                   liquor was made from the house of this petitioner without

                   compliance of mandatory provisions of law regarding search as

                   available under section 103(4) of the B.N.S. It is submitted that

                   as the house in issue is occupied by several adult family
           Patna High Court CR. MISC. No.39232 of 2026(2) dt.18-06-2026
                                                       2/2




                     members, therefore, it can be safely said that recovery of illicit

                     liquor was not made from conscious physical possession of this

                     petitioner, who claims to be a lady of clean antecedent.

                              5. 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 Excise Judge-II,

                     Begusarai/concerned court in connection with Bakhri P.S. Case

                     No. 99 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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