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
- Bihar Prohibition and Excise Act — s. 30(a)
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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