Patna High Court
Nitu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bhartiya Nagarik Suraksha Sanhita — s. 103(4), 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
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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