Patna High Court
Saroj DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the seizure does not prima facie establish the petitioner's possession and, consequently, granted anticipatory bail.
Summary
Saroj 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, with 30 litres of liquor seized from her hut. The petitioner contended that the liquor was not in her conscious and exclusive possession and that the search violated Section 103(4) of the BNSS because no independent witness was present. The State opposed her request for anticipatory bail. The court examined whether the seizure established possession and whether the search complied with statutory requirements. Finding that the recovery did not prima facie prove her possession and that procedural lapses existed, the court directed that she be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under CrPC Section 438(2) and BNSS Section 482(2).
Issues considered
- Does the seizure of illicit liquor establish the petitioner's conscious possession for an offence under Section 30(a) of the Bihar Prohibition and Excise Act?
- Was the search and seizure conducted in compliance with Section 103(4) of the BNSS?
- Should anticipatory bail be granted to the petitioner?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 103(4), 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- search and seizure
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42214 of 2026
Arising Out of PS. Case No.-299 Year-2026 Thana- BIRAUL District- Darbhanga
======================================================
Saroj Devi, W/o Shambhu Paswan, R/o Village - Lohani, P.S - Biraul, District
- Darbhanga
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate
For the Opposite Party/s: Mr. Akbar Ali, 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 Biraul P.S. Case
No.299 of 2026 registered under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is re-
covery of 30 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the seized liquor was recovered from the
hut of the petitioner. It is further submitted that no recovery
Patna High Court CR. MISC. No.42214 of 2026( 2) dt.01-07-2026
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has been effected from the conscious and exclusive posses-
sion of the petitioner, and there is no material on record to
establish her conscious possession of the alleged illicit liquor.
It is argued that Section 103(4) of BNSS has not been com-
plied with qua search of premises, inasmuch as no indepen-
dent witness was associated with the search and seizure list
and the seizure witnesses were police personnel themselves.
It is also submitted that the petitioner was not apprehended
on the spot. The petitioner has one criminal antecedent of
similar nature, in which, she 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 of note of fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this pe-
titioner, 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
Patna High Court CR. MISC. No.42214 of 2026( 2) dt.01-07-2026
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satisfaction of the learned Exclusive Special Judge-II (Excise
Act), Darbhanga in connection with Biraul P.S. Case No.299
of 2026, subject to the conditions as laid down under Sec-
tion 438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
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