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Patna High Court

Usha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and surety conditions, as the allegations did not establish her conscious possession or involvement.

Summary

The petitioner, Usha Devi, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, based solely on her ownership of a bike from which 10 litres of liquor were seized and a scooty from which 18 litres were recovered. Her counsel argued that there was no material showing her conscious possession, involvement or complicity, and that the seizure list lacked independent witness corroboration. The Additional Public Prosecutor opposed the anticipatory bail. Considering the lack of direct possession evidence, the petitioner’s clean antecedent, and the doubtful nature of the seizure list, the court directed that she be released on anticipatory bail upon surrendering within four weeks, 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 anticipatory bail should be granted when the accused is only the registered owner of the vehicle from which illicit liquor was seized and no direct evidence of possession exists
  • Whether the seizure list lacking independent witness testimony undermines the prosecution’s case
  • Whether the petitioner’s clean antecedent warrants bail

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • Bihar Prohibition and Excise Act
  • clean antecedent
  • bail bond
  • Section 438 CrPC
  • Section 482 BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44704 of 2026
                    Arising Out of PS. Case No.-358 Year-2025 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Usha Devi, W/o Rajesh Sahni, Resident of Village- Kalwari, Dhamauli
                 Ramnath, P.S.- Kanti, District- Muzaffarpur

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Saurav Anand, Advocate
                 For the Opposite Party/s :        Mrs. Sucheta Yadav
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   06-07-2026                        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 P.S. Case

                   No.358 of 2025 registered under Sections 30(a) and 32(3)

                   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

                   recovery of 28 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for

                   the petitioner that the 10 litres of seized illicit liquor was

                   recovered from a Bike bearing Registration No. BR06DK-
Patna High Court CR. MISC. No.44704 of 2026(2) dt.06-07-2026
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          0124 and also 18 litres of seized illicit liquor recovered from

          the dickey of Scooty bearing Registration No. BR06Z-2571.

          It is further submitted that the petitioner’s name has been

          surfaced in the present case solely on the ground that she is

          the registered owner of the bike, and not on the basis of any

          material        demonstrating           her      conscious   possession,

          involvement or complicity in the alleged offence. It is also

          pointed out that seizure list appears doubtful being not

          supported by independent witnesses rather than by police

          personnel. 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
            Patna High Court CR. MISC. No.44704 of 2026(2) dt.06-07-2026
                                                        3/3




                      sureties of the like amount each to the satisfaction of the

                      learned Exclusive Special Judge, Excise-II, Muzaffarpur in

                      connection with Excise P.S. Case No.358 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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