Patna High Court
Rajmati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to both petitioners subject to the conditions of Section 438(2) CrPC and Section 482(2) BNSS.
Summary
The petitioners, Rajmati Devi and Prabhawati Devi, were named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act for alleged illegal manufacture and trade of illicit liquor, with 17 litres recovered from a garbage heap in front of their house. They contended that the liquor was found in a public area and not in their conscious possession, and sought anticipatory bail. The Additional Public Prosecutor opposed the bail. The court examined the factual submissions and noted that the recovery did not prima facie indicate possession by the petitioners. Consequently, the court directed that both petitioners be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties each, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was made pending their arrest or surrender within four weeks before the Special Excise Judge.
Issues considered
- Whether anticipatory bail can be granted when the alleged illicit liquor was recovered from a public garbage heap and not in the petitioners' possession.
- Whether the allegations under Section 30(a) of the Bihar Prohibition and Excise Act justify denial of bail.
Legislation cited
- Bihar Negotiable Instruments (or related) Statute (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 438 CrPC
- Section 482 BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40991 of 2026
Arising Out of PS. Case No.-131 Year-2026 Thana- Kalibagh District- West Champaran
======================================================
1. Rajmati Devi W/O Late Kundev Chaudhary R/O Mohalla- Chhawani
Pasitola, Ward No.- 5, P.S.- Kalibagh, Distt.- West Champaran.
2. Prabhawati Devi W/O Prabhu Chaudhary R/O Mohalla- Chhawani Pasitola,
Ward No.- 5, P.S.- Kalibagh, Distt.- West Champaran.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Raki Alam, Advocate
For the Opposite Party : Mr. Anil Kumar Singh No. 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. Both accused/petitioners are named in the FIR
and apprehending their arrest in connection with Kalibagh
P.S. Case No.131 of 2026 registered under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Allegation against the petitioners is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 17 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioners that the name of petitioners arrayed solely for
Patna High Court CR. MISC. No.40991 of 2026(2) dt.25-06-2026
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the reason that the recovery of alleged liquor was made
from a garbage heap in front of petitioner’s house. It is
further submitted that recovery of liquor was made from an
open place which is accessible by general public. It is also
submitted that recovery of illicit liquor was not made from
conscious possession of this petitioner. Explaining criminal
antecedent, it is submitted that the petitioner no. 1 found
involved in one more criminal case of similar nature, where
he is on bail. Petitioner no. 2 claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioners.
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 these
petitioners, accordingly, both petitioners, above-named, in
the event of their arrest or surrender in the court below
within a period of four weeks from today, are directed to be
released on bail on furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Special Judge
Patna High Court CR. MISC. No.40991 of 2026(2) dt.25-06-2026
3/3
Excise Court No.1, Bettiah, West Champaran, in connection
with Kalibagh P.S. Case No.131 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
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