Patna High Court
Radhika DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, finding no prima facie evidence of her possession or involvement in the illicit liquor seizure.
Summary
The petitioner, Radhika Devi, was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for alleged illegal manufacture and trade of illicit liquor, with 4.84 litres of liquor recovered. She contended that her name was listed solely based on a police hawaldar's disclosure, that she had no connection to the seized liquor, was not present at the scene, and that the allegation was politically motivated, with no independent witnesses to the seizure. The Additional Public Prosecutor opposed her request for anticipatory bail. The court observed that the recovery of liquor did not prima facie establish the petitioner's possession or involvement and therefore granted anticipatory bail, directing her to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail was ordered to be released to the satisfaction of the Exclusive Special Excise Court‑I, Bettiah.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 of the CrPC in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the mere recovery of illicit liquor establishes a prima facie case against the petitioner.
Legislation cited
- Bihar Non-Statutory (BNSS) provisions — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41916 of 2026
Arising Out of PS. Case No.-145 Year-2026 Thana- BAIRIYA District- West Champaran
======================================================
Radhika Devi W/O Manu Chaudhri Resident of village- Naya tola, Tilnagahi,
ward no 1, P.s.- Bairiya, District- West Champaran, Bihar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Mayank Mohan, Advocate
For the Opposite Party : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 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 Bairiya P.S. Case
No.145 of 2026 registered under Section 30(a) of 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 4.84 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 police hawaldar. It is also submitted
Patna High Court CR. MISC. No.41916 of 2026(2) dt.30-06-2026
2/3
that petitioner is neither connected in any way with the
seized liquor nor the petitioner was present at the place of
occurrence. It is further argued that name of petitioner was
disclosed due to village politics. 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 Exclusive Special Excise Court-I,
Patna High Court CR. MISC. No.41916 of 2026(2) dt.30-06-2026
3/3
Bettiah, West Champara, in connection with Bairiya P.S.
Case No.145 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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