Patna High Court
Parvati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
Petitioner Parvati Devi was apprehended for arrest in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 22 litres of illicit liquor recovered from the roof of her house. The prosecution alleged that the liquor was illicit, while the petitioner contended that no incriminating material was found in her conscious possession and that she was implicated merely on suspicion, asserting a clean antecedent. The petitioner applied for anticipatory bail, arguing lack of direct involvement and absence of personal possession. The State opposed the bail, emphasizing the recovery of liquor from the petitioner’s premises. The Court considered that the recovery was from the petitioner’s house, indicating a connection to the alleged offence. Consequently, the Court refused the prayer for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of recovery of illicit liquor from her premises.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal procedure
- bail petition
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43621 of 2026
Arising Out of PS. Case No.-62 Year-2026 Thana- Panchanpur District- Gaya
======================================================
Parvati Devi W/O Tapeshar Chaudhary Resident of Village- Panchanpur, P.S.-
Panchanpur, District- Gaya, Bihar, Pin- 824236.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anmol Kumar, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in Panchanpur P.S.
Case No. 62 of 2026 registered for the offence punishable under
Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 22 liters illicit liquor was
recovered from the roof of the house of the petitioner.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner has got no concern with
the alleged recovery and he has been made accused in this case
only on suspicion. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner.
Patna High Court CR. MISC. No.43621 of 2026(2) dt.07-07-2026
2/2
6. Considering the fact that the recovery has been
made from the roof of the house of the petitioner, prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Sanjay/Alok-
U T
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