Patna High Court
Rajkalo Devi @ Rajkali DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that the illicit liquor was not recovered from the petitioners' conscious possession and therefore granted anticipatory bail.
Summary
The petitioners, four women residing in Garbhua Lala Tola, were apprehended for alleged illegal manufacture and trade of illicit liquor under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. They applied for anticipatory bail, contending that the 32 litres of liquor seized was found in an open maize field and not in their conscious possession, and that the seizure list lacked independent witnesses. The Additional Public Prosecutor opposed the bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioners' possession. Consequently, the court directed that the petitioners be released on anticipatory bail upon furnishing 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 BNS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether the seizure of illicit liquor constitutes conscious possession by the petitioners sufficient to deny anticipatory bail.
- Whether anticipatory bail should be granted under Section 438 CrPC and Section 482(2) BNS in the present facts.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- possession
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42775 of 2026
Arising Out of PS. Case No.-82 Year-2026 Thana- SIRISIYA District- West Champaran
======================================================
1. Rajkalo Devi @ Rajkali Devi Wife of Mahanth Mahato
2. Sunaina Devi Wife of Lalan Mahato
3. Laichi Devi Wife of Rajan Mahato @ Rajan Kumar
4. Mala Devi Wife of Kanhaiya Mahato
All are resident of village- Garbhua Lala Tola, P.S.- Sirisiya, District- West
Champaran.
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mr. Umanath Mishra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. The accused/petitioners are apprehending their
arrest in connection with Sirisiya P.S. Case No.82 of 2026
registered under Sections 274 and 275 of the Bharatiya
Nyaya Sanhita(in short ’BNS’,2023) and Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. The petitioners are alleged to have engaged in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 32 litres of IMFL/country-made liquor.
Patna High Court CR. MISC. No.42775 of 2026(2) dt.01-07-2026
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4. It is submitted by learned counsel appearing for
the petitioners that the seized illicit liquor was recovered
from Maize crops field, which is an open place accessible to
the general public and, therefore, it cannot be said that the
alleged recovery was made from the conscious possession of
the petitioners. 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 petitioners surfaced solely on the
disclosure made by a local Chaukidar. The petitioners
claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioners.
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 these
petitioners, accordingly, the petitioners above-named, in the
event of their 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
Patna High Court CR. MISC. No.42775 of 2026(2) dt.01-07-2026
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Thousand) each with two sureties of the like amount each to
the satisfaction of the learned Special Judge Excise-I,
Bettiah, West Champaran in connection with Sirisiya P.S.
Case No.82 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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