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Patna High Court

Radhika DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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