Patna High Court
Bimla DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the recovery was not prima facie in the petitioner's possession and granted anticipatory bail.
Summary
Bimla Devi was named in an FIR for alleged illegal manufacture and trade of illicit liquor under IPC sections 274, 275 and Section 30(a) of the Bihar Prohibition and Excise Act, with 156.105 litres recovered from her house. She contended that the house was occupied by several adult family members and that the liquor was not in her conscious possession, and that the search violated the mandatory provisions of Section 103(4) of the BNSS. The Additional Public Prosecutor opposed her request for anticipatory bail. The court observed that the recovery did not appear prima facie to be from her possession and noted her clean antecedent. Consequently, the court directed that she be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether the recovered illicit liquor can be said to be in the petitioner's possession for the purposes of IPC sections 274, 275 and the Bihar Prohibition and Excise Act.
- Whether the search of the petitioner's premises complied with Section 103(4) of the BNSS.
- Whether anticipatory bail should be granted to the petitioner in view of the facts and procedural lapses.
Legislation cited
- Bihar Non-judicial Subordinate Service (BNSS) — s. 103(4), 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 274, 275
Subjects
- illicit liquor
- anticipatory bail
- possession
- search and seizure
- IPC 274
- IPC 275
- Bihar Prohibition and Excise Act
- CrPC 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40846 of 2026
Arising Out of PS. Case No.-30 Year-2026 Thana- Narhiya District- Madhubani
======================================================
Bimla Devi, W/o Late Yogendra Sadai @ Joginder Sadai, R/o Village-
Bangama, P.S.- Narhaiya, District- Madhubani
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Vinod Kumar, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, 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 her arrest in connection with Narhaiya P.S.
Case No.30 of 2026 registered under Sections 274, 275 of
the Indian Penal Code and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 156.105 liters of IMFL/country-made liquor.
4. It is submitted that the alleged recovery of illicit
liquor was made from the house of this petitioner which is
Patna High Court CR. MISC. No.40846 of 2026(2) dt.24-06-2026
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occupied by different adult family members and, therefore it
can be safely said that recovery of illicit liquor was not made
from conscious possession of the petitioner. It is also pointed
out that the search of house of this petitioner was not made
in terms of mandatory provisions qua search of premises in
view of Section 103(4) of the BNSS. The petitioner claimed
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 physical possession of this
petitioner, who is a lady of clean antecedent, accordingly,
the petitioner, above-named, 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
Exclusive Special Judge, Excise Act, Jhanjharpur in
connection with Narhaiya P.S. Case No.30 of 2026, subject
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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/-
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