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Patna High Court

Kanti DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court denied anticipatory bail to the petitioner.

Summary

The petitioner, Kanti Devi, applied for anticipatory bail after the police recovered 61.200 litres of illicit Nepali liquor from a bush behind her house, alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act. She contended that she had no conscious possession of the liquor, that the contraband was found in an open area accessible to all, and that she was being implicated merely on suspicion. The State opposed the bail, highlighting the large quantity of liquor seized and the petitioner’s two prior convictions for similar offences. The court examined the seriousness of the offence, the volume of illicit liquor, and the petitioner’s criminal antecedents. Concluding that the circumstances warranted denial of bail, the judge rejected the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act in view of the large seizure of illicit liquor.
  • Whether the petitioner’s prior convictions and the nature of the recovery justify denial of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal antecedents
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39595 of 2026
                       Arising Out of PS. Case No.-25 Year-2026 Thana- Bhalpatti District- Darbhanga
                 ======================================================
                 Kanti Devi Wife of Late Radhe Sahni Resident of Village- Muria, P.S.-
                 Bhalpatti, District- Darbhanga

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :         Mr. Saurav Anand, Advocate
                 For the State            :         Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-06-2026                  Heard Mr. Saurav Anand, learned counsel appearing

                   on behalf of the petitioner and Mr. Umeshanand Pandit, learned

                   A.P.P. appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 61.200 liters illicit Nepali

                   liquor was recovered from a bush situated behind the house of

                   this petitioner.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. No incriminating article has been

                   recovered from conscious possession of this petitioner and he

                   has falsely been implicated in this case merely on suspicion. The
             Patna High Court CR. MISC. No.39595 of 2026(2) dt.23-06-2026
                                                         2/2




                       alleged illicit liquor has been recovered from an open place,

                       which is accessible to one and all.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that huge quantity of illicit liquor

                       was recovered. Petitioner has got two criminal antecedents of

                       similar nature.

                                    6. Considering the nature of accusation, recovery of

                       huge quantity of illicit liquor and fact that petitioner has got two

                       criminal antecedents of similar nature, the prayer for grant of

                       anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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