Patna High Court
Komal KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Komal Kumari, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Sections 30(a) and 32(iii) of the Bihar Prohibition and Excise Amendment Act, based on the recovery of eight litres of liquor from a motorcycle she owned. She contended that she was not present at the scene, had no conscious possession of the liquor, and that the seizure list lacked independent witnesses. The Additional Public Prosecutor opposed her anticipatory bail. The court examined the factual submissions and noted that the liquor was not prima facie in her physical possession and that she had a clean antecedent. Consequently, the court directed that she be released on anticipatory bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged illegal liquor trade.
- Whether the recovery of illicit liquor constitutes sufficient possession to deny bail.
- Whether the seizure list, lacking independent witnesses, is reliable for establishing the charge.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 32(iii)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Amendment Act
- possession
- clean antecedent
- seizure list
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42187 of 2026
Arising Out of PS. Case No.-39 Year-2026 Thana- Manikpur District- Lakhisarai
======================================================
Komal Kumari W/O Raj Kumar R/O Village- Surajpura (Khalikpur), P.S.-
Surajgraha, Distt.- Lakhisarai, Paternal Address- D/O Santosh Madal, R/O
Village- Jasidih, P.S.- Dharahra, Distt.- Munger.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Santosh Kumar Pandey, Advocate
For the Opposite Party : Dr. Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 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 her arrest in connection with Manikpur P.S.
Case No.39 of 2026 registered under Sections 30(a) and
32(iii) of Bihar Prohibition and Excise Amendment Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 8 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed solely for
the reason that she is the owner of the motorcycle bearing
Patna High Court CR. MISC. No.42187 of 2026(2) dt.01-07-2026
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Registration No. BR08Q 7166, which was involved in
carrying consignment of liquor. It is also submitted that
petitioner was not present at the spot and also petitioner is
not in any way connected with the said liquor. It is further
submitted that recovery of illicit liquor was not made from
her conscious possession of this petitioner. It is further
argued that the seizure list also appears doubtful being not
supported by independent witnesses rather than by police
personnel. 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 note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, who is a lady of clean antecedent, accordingly,
the petitioner, above-named, in the event of her 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
Patna High Court CR. MISC. No.42187 of 2026(2) dt.01-07-2026
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learned A.D.J.- IV, Court No. 1, Lakhisarai, in connection
with Manikpur P.S. Case No.39 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/-
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