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Patna High Court

Sunita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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/-

U      T


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