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Patna High Court

Atwariya DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The petitioner is not entitled to anticipatory bail because the seriousness of the offence and the controlling Full Bench precedent preclude such relief.

Summary

The petitioner, Atwariya Devi, applied for anticipatory bail fearing arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that 27.5 litres of illicit country‑made liquor were recovered from her residence. The petitioner contended that she had no conscious possession of the liquor, presented no incriminating material against her, and maintained a clean antecedent. The State opposed the grant of anticipatory bail, relying on a Full Bench decision of the Patna High Court in Ram Vinay Yadav v. State of Bihar (2019) which denied bail in similar circumstances. The Court examined the facts, the large quantity of liquor recovered, and the precedent, and concluded that the petitioner was not entitled to anticipatory bail. Consequently, the application for anticipatory bail was rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail in a case involving alleged possession of a large quantity of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019) is binding precedent for denying anticipatory bail in similar offences.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • criminal procedure
  • bail jurisprudence
  • Full Bench precedent
  • Section 30(a)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39707 of 2026
                         Arising Out of PS. Case No.-119 Year-2026 Thana- MANER District- Patna
                 ======================================================
                 Atwariya Devi W/O Dharmendra Manjhi R/O Vill. - Azad Nagar Sattar, P. S -
                 Maner, District - Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Ravi Kumar, Advocate
                 For the State            :        Mr. Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-06-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. appearing on behalf of the State.

                                2. The petitioner apprehends her 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, 27.500 liters illicit country

                   made liquor was recovered from the house of this petitioner.

                                4. Learned counsel appearing for the petitioner

                   submits that petitioner is innocent and has falsely been

                   implicated in this case. No incriminating material has been

                   recovered from the conscious possession of this petitioner and

                   she is in no way connected with the aforesaid recovery.

                   Petitioner is a lady and claims clean antecedents.

                                5. On the other hand, learned APP appearing for the
             Patna High Court CR. MISC. No.39707 of 2026(2) dt.24-06-2026
                                                         2/2




                       State submits that petitioner is not entitled to the privilege of

                       anticipatory bail in view of decision of the Full Bench of this

                       Hon’ble Court rendered in the case of Ram Vinay Yadav vs.

                       The State of Bihar reported in 2019(2) P.L.J.R. 1089 (F.B.).

                                    6. Considering the facts and circumstances of the

                       case, aforesaid decision of this Court and recovery of huge

                       quantity of illicit liquor, the prayer for grant of anticipatory bail

                       to this petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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