Patna High Court

Bhagmani Devi @ Bhagmati DeviversusThe State of Bihar

Decided: 3 July 2026
Disposal: BAIL GRANTED
Bench: CHANDRA SHEKHAR JHA

Holding

Anticipatory bail was granted as the seizure did not prima facie establish possession and the petitioner had a clean antecedent.

Summary

Bhagmani 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 (Amendment) Act, with 14 litres of liquor seized behind her hut. She contended that the location was an open public area, so the liquor could not be said to be in her conscious possession, and that the seizure list lacked independent witnesses, relying only on villagers' statements. The Additional Public Prosecutor opposed her request for anticipatory bail. The court observed that the recovery did not prima facie establish possession by the petitioner and noted her clean antecedent. Consequently, the court granted anticipatory bail, directing her release 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 BNSS.

Issues considered

Whether the seizure of illicit liquor behind the petitioner's hut establishes possession sufficient to deny anticipatory bail.
Whether anticipatory bail should be granted under Section 438(2) of the CrPC in view of the petitioner's clean antecedent and the nature of the evidence.

Legislation cited

Bihar Negotiable Instruments (or related) Special Statute (BNSS) — s. 482(2)
Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Criminal Procedure Code — s. 438(2)

Subjects

anticipatory bail
illegal liquor
possession
Section 30
Bihar Prohibition and Excise Act
clean antecedent
CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43551 of 2026
                 Arising Out of PS. Case No.-424 Year-2025 Thana- PIPRAKOTHI District- East Champaran
                 ======================================================
                 Bhagmani Devi @ Bhagmati Devi, W/o Late Sakal Manjhi, R/o Parauliya
                 Mushari Tola, P.S.- Piprakothi, District- East Champaran.

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Nishant Shekhar, Advocate
                 For the Opposite Party/s :       Mr. Pranav Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   03-07-2026                        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 Piprakothi P.S.

                   Case No.424 of 2025 registered under Section 30(a) of the

                   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 14 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the seized illicit liquor was recovered

                   behind the hut of the petitioner. Being an open place, it is
Patna High Court CR. MISC. No.43551 of 2026(2) dt.03-07-2026
                                            2/3




          accessible to the general public and, therefore, it cannot be

          said that the alleged recovery was made from the conscious

          possession of the petitioner. 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 petitioner surfaced

          solely on the disclosure made by the local villagers. The

          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 fact as recovery of illicit liquor prima facie not

          appears to be made from physical possession of this

          petitioner, accordingly, the petitioner above-named, who is a

          lady of clean antecedent, 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

          learned Special Excise Judge-I, East Champaran, Motihari in
           Patna High Court CR. MISC. No.43551 of 2026(2) dt.03-07-2026
                                                       3/3




                     connection with Piprakothi P.S. Case No.424 of 2025,

                     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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