Patna High Court
Rajan Devi @ Rajan NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The Court held that anticipatory bail should be granted as the recovery did not establish the petitioner's possession of the illicit liquor.
Summary
The petitioner, Rajan 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, with 5 litres of liquor recovered near her house. She contended that the recovery was based solely on the testimony of a local chowkidar and that the liquor was not in her conscious possession, and that no independent witness was present during the seizure. The Additional Public Prosecutor opposed her application for anticipatory bail. The Court examined whether the facts established a prima facie case of possession sufficient to deny bail under Section 438(2) of the CrPC. Finding that the seizure did not demonstrate direct possession by the petitioner, the Court directed that she be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Sections 438(2) CrPC and 482(2) of the BNSS. The order also directed compliance with the Special Excise Judge’s requirements.
Issues considered
- Whether anticipatory bail under Section 438(2) of the CrPC is warranted when the seized illicit liquor is not shown to be in the petitioner's conscious possession.
- Whether the FIR and the recovery of liquor constitute a prima facie case sufficient to deny bail.
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- Bihar Prohibition and Excise Act
- CrPC Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40860 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- BHELDI District- Saran
======================================================
Rajan Devi @ Rajan Nut Wife of Virendra Nut Resident of Paiga Mitrasen,
P.S.- Bheldi, District- Saran, Chapra.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr .Mrityunjay Kumar Tiwary, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh,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 Bheldi P.S. Case
No.100 of 2026 registered under Section 30(a) of 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 05 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed solely on
the disclosure made by the local chowkidar. It is also
Patna High Court CR. MISC. No.40860 of 2026(2) dt.24-06-2026
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submitted that the recovery of illicit liquor found near the
door of the petitioner’s House. It is also submitted that
recovery of illicit liquor was not made from conscious
possession of this petitioner. It is further argued that 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
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Excise Judge, Excise- I,
Patna High Court CR. MISC. No.40860 of 2026(2) dt.24-06-2026
3/3
Saran, in connection with Bheldi P.S. Case No.100 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/-
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