Patna High Court
Bhagiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the petitioner was not found to be in conscious possession of the illicit liquor and had a clean antecedent.
Summary
The petitioner, Bhagiya Devi, was named in an FIR for alleged involvement in the illegal manufacture and trade of illicit liquor, based on the seizure of 279 litres of liquor from a Bolero vehicle she owned. She contended that she had no knowledge of or connection to the liquor, was not present at the seizure, and that the seizure list lacked independent corroboration. The Additional Public Prosecutor opposed her request for anticipatory bail. The court examined whether ownership of the vehicle sufficed to establish possession of the illicit liquor and considered the petitioner’s clean antecedent. Concluding that the liquor was not found in her conscious possession, the court granted anticipatory bail, subject to a bond and sureties, and directed her release if arrested within four weeks. The order was made under Section 438(2) of the CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether ownership of a vehicle used to transport illicit liquor establishes sufficient grounds to deny anticipatory bail.
- Whether the petitioner’s lack of conscious possession and clean antecedent warrant the grant of anticipatory bail under Section 438 CrPC.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32(3)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- illegal liquor
- vehicle ownership
- possession
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43007 of 2026
Arising Out of PS. Case No.-47 Year-2026 Thana- EXCISE SHERGHATI District- Gaya
======================================================
Bhagiya Devi Wife of Ram Garib Ram R/o Village - Rasola Dhamna, P.S.-
Barhi, District - Hazaribagh (Jharkhand).
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Sudhir Kumar Sinha, Advocate
For the Opposite Party : Mr. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 02-07-2026 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 Excise Sherghati
P.S. Case No.47 of 2026 registered under Sections 30(a)
and 32 (3) of Bihar Prohibition and Excise Amendment Act,
2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 279 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
Patna High Court CR. MISC. No.43007 of 2026(2) dt.02-07-2026
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made from the Bolero bearing Engine No. GH94L65849
which was involved in carrying illegal consignment of liquor.
It is also subimitted that the name of petitioner arrayed
solely for the reason that petitioner is the registered owner
of the said bolero vehicle. It is also arged that petitioner is
neither connected in any manner with alleged liquor nor the
petitioner was apprehended at the spot. It is further
submitted that recovery of illicit liquor was not made from
conscious possession of this petitioner. It is also pointed out
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
Patna High Court CR. MISC. No.43007 of 2026(2) dt.02-07-2026
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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 No.- 3, Gaya, in
connection with Excise Sherghati P.S. Case No.47 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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