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Patna High Court

Shakuntala DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, in the absence of evidence of conscious possession and due to procedural irregularities in the search, the petitioner is entitled to anticipatory bail.

Summary

The petitioner, Shakuntala 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, 2022, with 14 litres of liquor recovered from her house. She contended that the liquor was not in her conscious and exclusive possession and that the search violated Section 103(4) of the BNSS because no independent witness was present. The State opposed her application for anticipatory bail. The Court examined the material on record and found no prima facie evidence of her possession, and noted procedural lapses in the search. Consequently, the Court directed that she be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was made pending her surrender or arrest within four weeks.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC.
  • Whether the seizure of liquor complied with the procedural requirements of Section 103(4) of the BNSS.
  • Whether there is sufficient evidence of the petitioner's conscious and exclusive possession of the illicit liquor.

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • possession
  • search and seizure
  • Section 30
  • Section 438
  • Section 103(4)
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44716 of 2026
                       Arising Out of PS. Case No.-218 Year-2026 Thana- BELAGANJ District- Gaya
                 ======================================================
                 Shakuntala Devi, Wife of Late Bijendra Chaudhary, Resident Of Village-
                 Risaudha P.S. -Belaganj Dist -Gaya

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

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aryan Singh, Advocate
                 For the Opposite Party/s :       Md. Iftekhar Mahmood, APP
                 ======================================================
                 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 Belaganj P.S.

                   Case No.218 of 2026 registered under Section 30(a) of the

                   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 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 from

                   the house of the petitioner. It is further submitted that no
Patna High Court CR. MISC. No.44716 of 2026(2) dt.06-07-2026
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          recovery has been effected from the conscious and exclusive

          possession of the petitioner, and there is no material on

          record to establish her conscious possession of the alleged

          illicit liquor. It is argued that Section 103(4) of BNSS has

          not been complied with qua search of premises, inasmuch as

          no independent witness was associated with the search and

          seizure list and the seizure witnesses were police personnel

          themselves. It is also pointed out that the name of the

          petitioner surfaced on the disclosure made by a local

          Chaukidar. The petitioner has one criminal antecedent of

          similar nature, in which, she is on bail.

                       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, 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
             Patna High Court CR. MISC. No.44716 of 2026(2) dt.06-07-2026
                                                         3/3




                       Thousand) with two sureties of the like amount each to the

                       satisfaction of the learned Exclusive Special Judge Excise

                       Court-II, Gaya in connection with Belaganj P.S. Case No.218

                       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.)
    Raushan/-

U        T


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