Patna High Court
Koshila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail, holding that the recovery of illicit liquor did not constitute conscious possession by the petitioner.
Summary
The petitioner, Koshila Devi, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 16 liters recovered from the back side of her house. She contended that the liquor was found in an open area accessible to the public and not under her conscious possession, emphasizing her clean antecedent. The Additional Public Prosecutor opposed her request for anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from her conscious possession. Consequently, the court ordered that she be released on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail is to be surrendered within four weeks if arrested.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the recovery of illicit liquor from her premises
- Whether the recovered liquor constitutes conscious physical possession by the petitioner
Legislation cited
- Bihar Non-Statutory (BNSS) (presumed) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- clean antecedent
- CrPC
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40026 of 2026
Arising Out of PS. Case No.-121 Year-2026 Thana- MEHSI District- East Champaran
======================================================
Koshila Devi, S/o Ramesh Singh, Resident of Village-Rampurwa (Ujhilpur),
P.S.- Mehsi, District- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending her arrest in connection with Mehsi P.S. Case
No.121 of 2026 registered under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 16 liters of country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that recovery of illicit liquor was made from back
side of the house of this petitioner, which is an open place and
accessible by general public and, therefore, it can be safely
said that recovery was not made from conscious physical
Patna High Court CR. MISC. No.40026 of 2026(2) dt.22-06-2026
2/2
possession of this petitioner, who is a lady of clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie not
appears to be made from conscious physical possession of this
petitioner, accordingly, the petitioner, above-named, who is a
lady of clean antecedent, in the event of her arrest or
surrender in the court below within a period of four weeks from
today, is directed to be released on bail on furnishing bail bond
of Rs.10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned
Exclusive Special Excise Court No.03, I/c, East Champaran at
Motihari in connection with Mehsi P.S. Case No.121 of 2026,
subject to the conditions as laid down under Section 438(2) of
the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.