Patna High Court
Usha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
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
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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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