Patna High Court
Atwariya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
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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