Patna High Court
MITRA DEVIversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted to the petitioner as the recovery did not establish conscious possession and procedural safeguards were not met.
Summary
The petitioner, Mitra Devi, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, after two litres of country-made liquor were recovered from a public husk house. The petitioner contended that the liquor was not in his conscious possession, that the recovery was based solely on a chowkidar’s disclosure, and that the search did not comply with Section 103(4) of the BNSS because no independent witness was present. The Additional Public Prosecutor opposed the grant of anticipatory bail. The Court examined the factual submissions and noted that the recovery did not prima facie establish the petitioner’s possession, and the procedural requirement of an independent witness was lacking. Consequently, the Court directed that the petitioner be released on anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 and two sureties, and the conditions of Section 438(2) CrPC and Section 482(2) BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC.
- Whether the seizure of illicit liquor complied with the procedural requirements of Section 103(4) of the BNSS.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 103(4), 482(2)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Criminal Procedure Code (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Section 30
- Section 438
- Section 103(4)
- excise law
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40778 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- DHANSOI District- Buxar
======================================================
MITRA DEVI S/O BHUTELE CHOUDHARY R/O VILLAGE-
KHARAHANA PEDIYA TOLA, PS- DHANSOIN, DISTRICT- BUXAR
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Ravi Shankar Pathak, Advocate
For the Opposite Party : Mr.Narsingh Tanti, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 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 his arrest in connection with Dhansoi P.S.
Case No.46 of 2026 registered under Section 30(a) of Bihar
Prohibition and Excise Act, 2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 2 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of liquor was made from
husk house of petitioner. The recovery was made from an
Patna High Court CR. MISC. No.40778 of 2026(2) dt.24-06-2026
2/3
open and public place accessible by general public. The name
of this petitioner arrayed solely on the disclosure made by
the local chowkidar. It is also submitted that recovery of
illicit liquor was not made from conscious possession of this
petitioner. It is further argued that the requirement of
Section 103(4) of the BNSS has not been complied with,
inasmuch as no independent witness was associated with the
search and seizure list and the seizure witnesses were police
personnel themselves. Explaining criminal antecedent, it is
submitted that the petitioner found involved in one criminal
case, where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, in the
event of his 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
Patna High Court CR. MISC. No.40778 of 2026(2) dt.24-06-2026
3/3
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge Excise,
Court No. 1 at Buxar in connection with Dhansoi P.S. Case
No.46 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)
aniket/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.