Patna High Court
Puja DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that, given the absence of conscious possession and the petitioner's clean antecedent, anticipatory bail should be granted.
Summary
Puja Devi, the petitioner, was not named in the FIR but was implicated in a case of illegal liquor trade under Section 30(a) of the Bihar Prohibition and Excise Amendment Act because a motorcycle registered in her name was used to transport 25 litres of illicit liquor. She contended that the motorcycle had been lent to a family friend by her husband and that she had no knowledge of the illicit activity. The Additional Public Prosecutor opposed her anticipatory bail. The court observed that the liquor was not recovered from her conscious possession and noted her clean antecedent. Consequently, the court granted anticipatory bail, directing her to surrender within four weeks, furnish a bail bond of Rs.10,000 with two sureties, and comply with conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner can be held liable for the alleged illegal liquor trade despite not being named in the FIR and lacking conscious possession of the contraband.
- Whether anticipatory bail under Section 438 of the CrPC is appropriate in the present circumstances.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- illicit liquor
- Section 30
- motorcycle ownership
- clean antecedent
- Bihar Prohibition and Excise Amendment Act
- CrPC Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40054 of 2026
Arising Out of PS. Case No.-184 Year-2022 Thana- CHANDAUTI District- Gaya
======================================================
Puja Devi W/o Guddu Chaudhary, R/o Village-Bithosharif, P.S.-Chakand,
District -Gaya
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Pushp Raj Singh, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, 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 not named in the FIR
and apprehending her arrest in connection with Chandauti
P.S. Case No.184 of 2022 registered under Section 30(a) of
the Bihar Prohibition and Excise Amendment Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 25 liters of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that the petitioner has been implicated only for the
reason that she is the registered owner of motorcycle, which
found involved in carrying of illicit liquor. It is submitted that
Patna High Court CR. MISC. No.40054 of 2026(2) dt.22-06-2026
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in fact the motorcycle of petitioner was given to some family
friend by her husband, which was misused for carrying of
illicit liquor without her knowledge and, therefore, it can be
safely said that the recovery of illicit liquor was not made
from conscious physical possession of this petitioner. The
petitioner 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
Court of Exclusive Special Judge, Excise-4, Gaya in
connection with Chandauti P.S. Case No.184 of 2022,
subject to the conditions as laid down under Section 438(2)
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of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Sanjeet/-
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