Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court held that anticipatory bail should be granted as the seizure did not prima facie establish the petitioner’s conscious possession of the illicit liquor.
Summary
The petitioner, Sunita 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, after 40 litres of liquor were seized. She contended that the liquor was not in her conscious possession, she was absent from the scene, and the seizure list lacked independent corroboration, asserting a clean antecedent. The State opposed her application for anticipatory bail. The court examined the prima facie lack of physical possession and the petitioner’s clean record, concluding that the allegations did not justify denial of bail. Accordingly, the court directed that she be released on anticipatory bail 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 anticipatory bail should be granted to the petitioner under Section 438 of the CrPC in view of the alleged possession of illicit liquor.
- Whether the seizure of liquor establishes sufficient prima facie evidence of the petitioner’s involvement under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Code of Criminal Procedure (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- Section 30(a)
- clean antecedent
- possession
- bail bond
- CrPC Section 438
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44781 of 2026
Arising Out of PS. Case No.-42 Year-2026 Thana- KOTWA District- East Champaran
======================================================
Sunita Devi Wife of Bhushan Das Resident of Village- Barharwa Kala, Adiya,
P.S.- Kotwa, District- East Champaran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr.Ramakant Yadav, Advocate
For the Opposite Party : Mr.Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 07-07-2026 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 Kotwa P.S. Case
No.42 of 2026 registered under Section 30(a) of 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 40 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
made from the house of petitioner. It is also submitted that
Patna High Court CR. MISC. No.44781 of 2026(2) dt.07-07-2026
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name of petitioner arrayed solely on the disclosure made by
the local people. It is further submitted that petitioner was
not present at the spot and also she is not in any way
connected with the said seized liquor and it can be safely
said that recovery of illicit liquor was not made from
conscious possession of this petitioner. It is also submitted
that the seizure list also appears doubtful being not
supported by independent witnesses rather than by police
personnel. 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 the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, who is a lady of clean antecedent, 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 Thousand) with two
sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.44781 of 2026(2) dt.07-07-2026
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learned Exclusive Special Judge Excise- 1, Motihari, District-
East Champaran, in connection with Kotwa P.S. Case No.42
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.)
Aniket/-
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