Patna High Court
Komal DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the recovery of illicit liquor did not prima facie establish the petitioner's possession.
Summary
Komal Devi was named in an FIR for alleged illegal manufacture and trade of illicit liquor after 189 litres were recovered from a pickup van she owned. She argued that the liquor was not in her conscious possession as the vehicle was driven by a hired driver and the seizure list lacked independent witnesses. The State opposed her application for anticipatory bail under Section 438 of the CrPC. The court examined the factual submissions and noted that the recovery did not prima facie show her possession of the liquor. 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) CrPC and Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail can be granted when the alleged contraband is not shown to be in the accused's conscious possession
- Whether the lack of independent witnesses to the seizure list affects the grant of bail
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- possession
- seizure
- bail bond
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44797 of 2026
Arising Out of PS. Case No.-311 Year-2026 Thana- NAGAR District- Vaishali
======================================================
Komal Devi W/o Vikash Kumar R/o vill - Gandhi Ashram, P.S.- Hajiput
Town, Distt.- Vaishali, Bihar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Deepak Kumar Singh, Advocate
For the Opposite Party : Mr. Arun Kumar Singh, 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 Hajipur Town
P.S. Case No.311 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 189 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 Pick-up Van bearing Registration No.
Patna High Court CR. MISC. No.44797 of 2026(2) dt.07-07-2026
2/3
BR01GN 6717 which was involved in carrying illegal
consignment of liquor. It is also submitted that the name of
petitioner arrayed only for the reason that she is the owner
of the said vehicle. It is further argued that the said pickup
vehicle was plied by hired driver 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.
Explaining criminal antecedent, it is submitted that the
petitioner found involved in one criminal case.
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, 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.44797 of 2026(2) dt.07-07-2026
3/3
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Excise Court-I,
cum District and Additional Sessions Judge, Vaishali at
Hajipur, in connection with Hajipur Town P.S. Case No.311
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.