Patna High Court
Devpari Devi @ Rampari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the seizure did not prima facie establish the petitioner's possession and she has a clean antecedent.
Summary
The petitioner, Devpari 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, 2016, with 99 litres of liquor seized. Counsel argued that the liquor was recovered from an open orchard, not in the petitioner's conscious possession, and that the seizure list lacked independent witnesses, with the petitioner's name arising only from villagers' statements. The Additional Public Prosecutor opposed anticipatory bail. The court noted that the recovery did not prima facie establish possession by the petitioner and, considering her clean antecedent, directed that she be released on anticipatory bail upon surrender, furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail order was conditioned on surrender within four weeks to the Special Judge, Excise, Madhubani.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the alleged seizure.
- Whether the seizure of illicit liquor establishes the petitioner's conscious possession sufficient to deny bail.
Legislation cited
- Bihar Negotiable Instruments (or relevant) Special Statute (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Criminal Procedure Code (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- Bihar Prohibition and Excise Act
- CrPC Section 438
- BNSS Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41775 of 2026
Arising Out of PS. Case No.-99 Year-2026 Thana- KHAJAULI District- Madhubani
======================================================
Devpari Devi @ Rampari Devi, W/o Satya Narayan Sahni, R/o - Kasma
Marar, Ward No.07, P.S - Khajauli, District - Madhubani.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar @ Ashok Karn, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 29-06-2026 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 Khajauli P.S.
Case No.99 of 2026 registered under Section 30(a) of the
Bihar Prohibition and Excise Act, 2016.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 99 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized illicit liquor was recovered from
an orchard, which is an open place, accessible to the general
Patna High Court CR. MISC. No.41775 of 2026(2) dt.29-06-2026
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public and, therefore, it cannot be said that the alleged
recovery was made from the conscious possession of the
petitioner. It is further submitted that seizure list also
appears doubtful being not supported by independent
witnesses rather than by police personnel. It is also pointed
out that the name of the petitioner surfaced solely on the
basis of the disclosure made by the local villagers. 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, accordingly, the petitioner, above-named, who is
a lady of clean antecedent, 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 Exclusive Special Judge, Excise, Madhubani in
Patna High Court CR. MISC. No.41775 of 2026(2) dt.29-06-2026
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connection with Khajauli P.S. Case No.99 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.)
Raushan/-
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