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Patna High Court

Devpari Devi @ Rampari DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U       T


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